Hiype, LLC

Terms of Service

Welcome to Hiype! These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," "Coach," or "Client") and Hiype, LLC ("Hiype," "we," "us," or "our"), a company organized under the laws of Massachusetts, United States.

1. Introduction and Acceptance

These Terms of Service ("Terms") apply universally to all individuals and entities who access the Platform. The Terms will govern your engagement with the company and access to and/or use of the Hiype website located at https://www.hiype.io, mobile applications, and interactive technology platform (collectively, the "Platform"), as a user or participant of any sort, whether as a learner ("Client," "you," "your"), coach ("Coach," "you," "your"), or entity ("Employer," "Company," "Team," "Enterprise"). If you use the Platform as a Coach, you are also subject to, and must execute, the supplemental Hiype Coach Marketplace Agreement. If you access the Platform through the Company contract of an employer, company, or team, (as opposed to as an individual who signs up on their own but may coincidentally work at a company) you are also subject to the supplemental Hiype Team Terms or a Master Services Agreement ("MSA"). In the event of an explicit conflict between these baseline Terms and any role-specific supplemental agreement executed with Hiype, the supplemental agreement shall control.

The Platform is operated by Hiype, LLC ("Hiype," "we," "us," or "our"). By joining a waitlist, creating a Hiype account of any type, or otherwise using any part of the Platform, you represent that: (a) you have read and understood this Agreement; (b) you are at least 18 years of age and have the legal capacity to enter into these terms; (c) all information you provide is accurate and complete; and (d) you explicitly agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access, register for, or use the Platform.

Note: If Hiype discovers or has reason to suspect you have falsely represented yourself against the above, we reserve the right to immediately suspend, restrict, or terminate your account and block your access to the Platform without notice or liability to you.

2. The Hiype Marketplace

2.1 Nature of the Platform

Hiype operates a marketplace that connects independent coaches with individuals seeking coaching. Hiype does not itself provide coaching services, but rather acts as a connector and facilitator. All coaching is provided by independent contractors. Hiype does not employ coaches, and Hiype is not a party to the coaching relationship itself other than providing services such as, but not limited to, enabling discovery (between clients and coaches), equipping users with supporting materials, and facilitating bookings, communication, and payments.

2.2 No Guarantee of Outcomes

Hiype does not guarantee any specific learning outcome, skill acquisition, business result, or financial return from participation in any coaching session. Results will vary depending on many factors including but not limited to individual effort, prior experience, coach selected, and the nature of the goals pursued. Hiype does not control the performance of a coach. Sessions are intended to maximize learning and output within the session, but outcomes are not guaranteed and continued application of skills after the session is a user’s own responsibility.

2.3 Coach Independence

Coaches on the platform are independent. Their advice, recommendations, tools, and methodologies represent their own professional judgment and do not constitute the views, endorsements, or recommendations of Hiype. Hiype is not responsible or liable for the personal conduct, attitude, demeanor, or actions of any coach. Furthermore, Hiype does not guarantee and is not liable for the accuracy, completeness, suitability, or legality of any advice, materials, or content provided by a coach during a session.

2.4 Generated Features and Artifacts

Hiype may offer features powered by artificial intelligence or automated processing, including but not limited to session summaries, action items, transcriptions, and automated insights ("AI Artifacts").

"As-Is" Provision: AI Artifacts are generated automatically and provided strictly for convenience and informational purposes.
No Guarantee of Accuracy: Hiype does not represent or warrant that AI Artifacts will be complete, accurate, error-free, or correctly attributed to specific speakers. AI Artifacts may contain inaccuracies, misstatements, or omitted information.
User Review Required: Users are responsible for reviewing, verifying, and confirming all AI Artifacts before relying on them or acting upon any recorded commitments, action items, or summaries. Hiype disclaims all liability arising from reliance on any AI Artifacts.

3. Eligibility and Account

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Hiype immediately of any unauthorized use of your account.

4. Payments, Refunds, and Cancellations

Base session pricing is set by coaches within ranges established by Hiype. The price shown and agreed to at time of booking includes applicable platform fees. Payments are charged upon coach acceptance of a requested session time and are processed securely through third-party processors. Hiype's cancellation and refund policy, in conjunction with Hiype’s session attendance and no-shows policy, governs session reschedules, cancellations, and no-shows. Hiype reserves the right to modify pricing, fees, and payment terms upon notice.

4.1 Payment Processors and Third-Party Providers

Third-Party Processing: Hiype utilizes independent third-party payment processors, including Stripe, Inc. ("Payment Processors"), to process payments from Clients and facilitate payouts to Coaches. Hiype is a software and marketplace technology platform and does not directly store full payment card details, collect funds as a fiduciary, or operate as a bank, financial institution, or money transmitter.

By booking, offering sessions, or initiating transactions on Hiype, you authorize us to process these transactions through our designated payment processors and agree to be bound by the applicable provider terms including any updated terms of our current or future payment processing partners.

Authorization & Data Sharing: Payment processing services are provided by our authorized third-party payment processing partners, who generally collect and manage payment data directly from you.
Card authorizations: As part of our booking process, a temporary authorization may occur as your booking is processed. If charging booking cannot be completed or the charge cannot be processed, this authorization is released. Authorizations associated with declined or expired requests will be released in accordance with your financial institution's standard procedures. Debit-card processing works differently than credit cards, and debit card pre-authorizations or temporary holds may take longer to clear.
Processor Control: Hiype does not control, and is not liable for payment processor outages, authorization decisions or failures, processing delays, or actions taken by a user’s bank, card issuer, or payment provider, including but limited to currency exchange variations imposed by card issuers or financial institutions. A payment may be declined, delayed, reversed, or subject to additional review by those parties.
Account Credentials: Users are responsible for all purchases authorized through their accounts. You authorize Hiype and its payment processors to charge your selected payment method for the booking price, applicable taxes, clearly disclosed additional amounts, and amounts agreed on through a package, company arrangement, or other selection through the Platform. Do not authorize open-ended or undisclosed charges. Please notify Hiype immediately if you suspect unauthorized activity.

Nothing in these Terms limits any rights or remedies that cannot be limited or waived under applicable law.

4.2 Currency, Conversion, and Taxes

Currency: All session pricing and transaction amounts on the platform are currently displayed and processed in US Dollars (USD). If you make a purchase using an account or payment card denominated in a different currency, your bank or card issuer may charge foreign transaction or currency conversion fees. Furthermore, refund amounts received in a foreign currency may differ slightly from the original purchase price due to real-time currency exchange rate fluctuations.
Taxes for Clients: Displayed session prices generally do not include applicable sales, service, value-added (VAT), or similar taxes, unless explicitly stated at checkout. You are responsible for paying any applicable local taxes associated with your bookings, which will be calculated and added during checkout where required by law.
Taxes for Coaches: Coaches operate as independent contractors and are solely responsible for calculating, reporting, and remitting all personal income, self-employment, and local taxes arising from their earnings on Hiype. Where legally required, Hiype may request tax identification information (e.g., Form W-9 or W-8) and may issue required tax reporting documents (e.g., Form 1099-K) or withhold taxes from payouts.

4.3 Failed Payments, Promotional Pricing, and Pricing Errors

Failed and Reversed Payments: If a payment cannot be authorized or is subsequently reversed, Hiype reserves the right to:
- Decline or cancel the associated booking before the session occurs;
- Retry a failed payment method where permitted by network rules;
- Request an alternative payment method from the client;
- Suspend account access for unpaid balances; and/or
- Reverse any remaining unused sessions or promotional benefits tied to the reversed payment.
Promotions & Discounts: Hiype may occasionally, or in the future, offer promotional pricing, discount codes, or a referral program. These offers are subject to eligibility criteria, non-transferable, cannot be redeemed for cash, and are limited to one per user or organization unless stated otherwise. Hiype reserves the right to modify or terminate promotions prospectively at any time.
Pricing Errors: We work hard to ensure all pricing on Hiype is accurate, but human or technical errors can happen. If a session is clearly listed at an incorrect price due to a system error, Hiype reserves the right to correct the error and cancel any bookings made at the incorrect rate, providing a refund to the client. We will never retroactively increase the price of a confirmed booking without explicit notice.

4.4 Session Cancellations and Refunds

We know plans can change. Here is how different Cancellation scenarios are handled:

Client Cancels (24+ Hours Notice): Clients will receive a refund minus applicable processing fees to their original payment method.
Client Cancels (Within 24 Hours): Because it is difficult for a coach to fill a slot on short notice, no refund is provided.
Coach Cancels: If a coach cancels a confirmed session, the Client will receive a full refund. Hiype reserves the right to charge coaches a processing fee. If a coach wants to dispute the fact that they cancelled, this must be done within 72 hours.
Hiype Cancels: In the case of a Hiype-initiated cancellation, due to any of the following, Hiype may issue a refund, restore sessions, or provide another remedy depending on the circumstances:
- Safety or misconduct concerns
- Suspected fraud
- Account suspension
- Platform error
- Coach eligibility issues
- Duplicate bookings
- Payment failure
- Legal or compliance requirements
Reschedules: If you need to change a session time, our system allows you to reschedule. The standard 24-hour rule applies to your original time slot unless the coach accepts a newly proposed time. Clients will have the opportunity to select 3 proposed time slots from the Coach’s calendar. If the Coach declines the proposed timeslots, standard cancellation policies will apply.
Unconfirmed Requests, Expirations, and Declines: If a booking request expires (because a party didn't respond), Hiype will cancel the authorization, but your bank may take additional time to remove the pending amount from your account.
Client response to a counter-offer: Clients have 8 hours to respond to a coach’s counter-offer/proposed alternative(s).
Minimum lead time: Coaches set their minimum notice time, which may vary coach-to-coach.
Refund Mechanics: All refunds will be returned to the original payment method used for the purchase. While Hiype processes approved refunds immediately, posting times depend entirely on your financial institution (typically taking 5-10 business days). Hiype is not responsible for any third-party overdraft or conversion fees resulting from processed refunds.

4.5 Session Attendance and No-Shows (including Refunds)

To keep our community running smoothly, we expect both clients and coaches to arrive on time for scheduled sessions. We include a 15-minute grace period, measured from the scheduled session start time in the booking confirmation, to account for any unexpected tech glitches or timezone confusion.

Reporting a No-Show: If either party fails to appear after 15 minutes, the attending party can report a no-show through the platform. The reporting of a no show must be done 15 minutes after the start of the session and no later than 2 hours past the end time of the session. Otherwise there will be no ability to report this through the platform.
Hiype Review: To prevent abuse and ensure fairness, no-show and other failure case outcomes are not automatic. Hiype will review session logs, platform communications, and reports from both sides to make a final determination.
Coach No-Show: If Hiype confirms the coach missed the session, the client receives a full refund. Hiype reserves the right to charge the coach a processing fee.
Client No-Show: If Hiype confirms the client missed the session, no refund is issued, and the coach is compensated for their reserved time.

4.6 Coach Payout Terms

Eligibility & Timing: Earnings from booked sessions become eligible for payout immediately upon coach acceptance of the session slot. Once released, Stripe transfers funds to your connected bank account according to your selected Stripe payout schedule.
Holds & Security Reviews: Hiype reserves the right to temporarily hold payouts or delay transfers if reasonably necessary to investigate potential fraud, disputed sessions, excessive chargebacks, or violations of these Terms.
Verification: Coaches must complete Stripe's identity, bank account, and tax verification requirements before receiving their first payout. Hiype is not responsible for delayed payouts resulting from incomplete verification or inaccurate bank details provided by the coach.
Account Termination: Upon account termination or departure from the platform, any undisputed, eligible balance remaining in a coach’s account will be paid out during the next standard payout cycle, subject to deduction of any pending refunds, chargebacks, or outstanding fees.

4.7 Payment Disputes, Chargebacks, and Recovery

A payment dispute or bank chargeback is separate from a cancellation or standard refund request under Hiype’s policies. Except in cases of suspected unauthorized card activity or where prohibited by law, users agree to contact Hiype Support before initiating a chargeback with the payment provider, their bank, or other financial institution.

Dispute Reviews: Hiype may review, accept, or contest any dispute and may submit relevant platform logs, booking confirmations, session attendance, cancellation and communication records to the payment processor or financial institution. We reserve the right to suspend or restrict accounts associated with bad-faith, fraudulent, or abusive chargebacks.

Coach Responsibility & Recovery: If a chargeback, refund, or fee arises due to a coach’s cancellation, no-show, failure to provide a booked session, fraud, or violation of these Terms, the coach agrees to be responsible for that amount. Hiype may recover amounts from a coach when they result from the coach’s cancellation, no-show, failure to provide the booked session, fraud, misrepresentation, violation of these Terms, or other act or omission for which the coach is reasonably responsible.

Payout Adjustments: To the extent permitted by law, Hiype may recover owed amounts by reversing or adjusting payouts, deducting them from current or future earnings, withholding pending payouts, debiting an authorized connected or payout account, or requesting direct repayment. Recoverable amounts may include refunded or disputed payments, erroneous payouts, and related third-party fees, amongst others.

Hiype may also place reasonable holds on payouts when necessary to cover anticipated refunds, disputes, chargebacks, fraud risk, or other amounts that may be owed. Coaches must reasonably cooperate with related reviews and provide requested information. If available funds are insufficient, the coach remains responsible for the outstanding balance, and Hiype may suspend bookings or payouts until it is resolved.

Nothing in this Section limits any rights or remedies that cannot be limited or waived under applicable law.

4.8 Changes to Pricing and Payment Terms

Hiype reserves the right to modify pricing, rules, fees, and payment terms upon notice. Any changes to pricing or payment terms will apply prospectively to future bookings and will not alter the cost of an already confirmed session without your consent or for instances where a correction is legally permitted.

5. Conduct, Confidentiality and Acceptable Use

5.1 Conduct During Sessions

Users agree to engage in sessions with professionalism and respect. Users will not engage in any abusive, harassing, discriminatory, or inappropriate conduct toward clients, coaches, or Hiype staff.

5.2 Proprietary Information

Users should not share, read, use, or distribute sensitive information. Clients, do not share in any coaching session any proprietary information, trade secrets, or confidential business information belonging to your employer, clients, or any third party, unless you have express authorization to do so. Clients will bear sole responsibility for any breach of confidentiality obligations owed to third parties. Coaches should also refuse to read, act on, or distribute any sensitive information should it arise. Hiype bears no liability for any such disclosure.

5.3 Employer Policies

If you are accessing Hiype for professional development, you are responsible for ensuring that your participation complies with your employer's policies, including any policies regarding use of external coaching services or AI tools. Hiype is not responsible for any employment consequences arising from your use of the Platform.

6. Non-Circumvention and Off-Platform Engagements

6.1 Off-Platform Engagements

Hiype provides a marketplace that connects users with independent coaches and facilitates coaching sessions, payments, communications, and related services. In consideration of Hiype's role in creating and maintaining these relationships, users and coaches agree not to circumvent the platform.

Users and coaches may not, directly or indirectly:

Solicit, encourage, or request that another party conduct coaching sessions, consulting services, payments, or related engagements outside of Hiype.
Exchange contact information for the purpose of avoiding Hiype's booking, payment, or communication systems.
Enter into any agreement or arrangement that would avoid fees, commissions, or other amounts otherwise payable to Hiype.
Use information obtained through Hiype to establish a separate business relationship that bypasses the platform.

6.2 Exclusive Platform Relationship

Any coaching, consulting, training, advisory, or related services that arise from an introduction, connection, booking, communication, or relationship established through Hiype must be conducted and paid for through Hiype for a period of twelve (12) months following the parties' most recent session on the platform, unless Hiype provides prior written consent.

6.3 Monitoring and Enforcement

Hiype reserves the right to monitor communications and activity on the platform for purposes including, but not limited to, investigating suspected circumvention, fraud, or misuse of the service, subject to applicable law and its Privacy Policy.

6.4 Remedies

If Hiype reasonably determines that a user or coach has violated this section, Hiype may, without limiting any other rights or remedies:

Suspend or terminate the offending account.
Cancel pending bookings or engagements.
Withhold payouts or refunds associated with the violation, to the extent permitted by law.
Recover fees, commissions, or damages that would have been earned by Hiype absent the circumvention.
Pursue any other legal or equitable remedies available under applicable law.

By using Hiype, users and coaches acknowledge that these restrictions are reasonable and necessary to protect Hiype's legitimate business interests and investment in creating and maintaining marketplace relationships.

7. Data Collection, Retention, and Privacy

7.1 Data You Provide

By using the Platform, you consent to Hiype collecting, storing, processing, and retaining all information and data you provide through the Platform, including but not limited to account registration data, session booking information, session metadata, feedback, ratings, communications, and any information shared during onboarding or profile setup. Additionally, with client and coach consent, session recordings and other session data will be collected, stored and retained as outlined in 7.2. This data may be used to operate and improve the Platform, assess coach performance, match coaches with clients, comply with legal obligations, and for other legitimate business purposes including those outlined in 7.2.

7.2 Session Recording and Session Data

To continuously deliver and improve our platform, sessions on the Platform will be recorded, transcribed, processed, and temporarily stored to produce session summaries, action items, and related materials.

Consent. You choose whether your sessions are recorded. Recording is enabled only where every participant has consented, and your choice can be changed at any time in your Account Settings. Changes apply to future sessions and do not affect materials from current sessions or sessions already held. Where recording is enabled, participants are notified at the start of the session and while it is in progress.
Multi-Jurisdictional Recording Notice: By joining a session for which recording is enabled, you consent to the recording, transcription, automated processing, and storage of that session, including spoken statements and chat messages, for the purposes described in Section 7.1 and for the below purposes. You acknowledge that joining a session serves as explicit advance notification and consent under all applicable "two-party" or "all-party" wiretap and recording laws (including M.G.L. c. 272 § 99 and similar international statutes). If you do not consent to being recorded or transcribed, you must refrain from participating in the session and change your preferences.
Purpose and Processing: Recordings and transcriptions are processed to generate session summaries, key action items, and learning artifacts ("AI Artifacts") for Client and Coach utility, as well as for quality assurance, safety, and platform improvement, amongst other purposes aimed at improving the performance of and value received through Hiype.
Service providers. We use third-party service providers to host sessions, record sessions, generate transcripts, and produce summaries. These providers process session data on our behalf under contract and may not use it for their own purposes. The categories of providers we use are described in our Privacy Policy.
Retention. Data is retained for various periods of time and subject to change. For specific retention periods, please see our Privacy Policy.
Accuracy. Summaries, action items, and other materials generated from a session are produced automatically, are not a verbatim record, and may contain errors or omissions. You should not rely on them as an authoritative account of what was said.
Other recordings. You may not record, capture, or transmit a session by any other means without the prior consent of every other participant and of Hiype.
User Transcripts: You retain a limited, personal, non-exclusive, non-transferable, and revocable license to read, export, and review the raw text transcripts generated during your authorized sessions solely for your personal, non-commercial use. Hiype reserves the right to manage, restrict, or modify access to these transcripts in accordance with platform features and security protocols.

7.3 Use of Data

Your data is used to operate and personalize the Platform, match you with appropriate coaches, improve the quality of our services, comply with legal obligations, and for other legitimate business purposes. We do not sell your personal data to third parties for their own marketing purposes.

7.4 International Data Transfers

Your personal data may be transferred to and processed in countries outside your country of residence, including the United States. Such transfers are conducted in accordance with applicable data protection law, including through standard contractual clauses or equivalent safeguards where required.

7.5 Your Rights

Depending on your jurisdiction, you may have rights including the right to access, correct, delete, restrict, or port your personal data, or to object to its processing. When a user deletes their account, content shared with a counterparty survives in the other party’s thread rendered as “Deleted User.” To exercise these rights, contact legal@hiype.io. We respond in accordance with applicable law.

7.6 Regulatory Compliance

Hiype is committed to compliance with: the General Data Protection Regulation (GDPR) for EEA and UK residents; the UK GDPR; Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws; the California Consumer Privacy Act (CCPA/CPRA); Australia's Privacy Act 1988; and other applicable data protection laws. Our full Privacy Policy is available at https://www.hiype.io/privacy and is incorporated by reference.

8. Disclaimer of Warranties and Limitation of Liability

8.1 Platform Provided As-Is

The Platform is provided "as is" and "as available." Hiype makes no warranties, express or implied, regarding the Platform, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Hiype does not warrant that the Platform will be error-free, uninterrupted, or free of harmful components.

8.2 No Liability for Coach Advice or User Conduct

Hiype acts solely as a marketplace connecting coaches and clients. Hiype is not responsible for, and expressly disclaims all liability for any loss, harm, damage, or negative outcome of any kind arising from: (a) client or a coach’s participation on the platform; (b) coaching advice or recommendations provided by independent coaches; (c) client’s application or non-application of any coaching advice; (d) any inaccuracy, error, or omission in a coach's representations or guidance; (e) any breach by you of third-party agreements or obligations; (f) any action by a client or coach in the course of using the platform; (g) technical failures, interruptions, or errors on the Platform; or (h) unauthorized access to your account or data due to circumstances beyond Hiype's reasonable control.

8.3 Limitation of Liability

To the maximum extent permitted by applicable law, Hiype's total liability to you for any claim shall not exceed the total amount paid by you to Hiype in the three (3) months preceding the event giving rise to the claim. In no event shall Hiype be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, even if advised of the possibility of such damages.

8.4 Jurisdictional Exceptions

Certain jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, Hiype's liability is limited to the minimum extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless Hiype and its affiliates, co-founders, officers, directors, employees, agents, and successors from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of or participation on the Platform; (b) your violation of these Terms; (c) your disclosure of third-party proprietary information during sessions; (d) your violation of any applicable law; or (e) any dispute or interaction of any kind between you and a coach.

10. Intellectual Property

Any outputs, materials, or content co-created during a session may be used by Client for personal or professional purposes. Client retains responsibility for ensuring their use of AI-generated outputs complies with the terms of service of any AI tools used and with applicable law. Hiype's trademarks, platform design, and proprietary technology remain the exclusive property of Hiype.

11. Third-Party Tools and AI Platforms

Coaching sessions may involve the use of third-party AI tools and platforms. Hiype does not endorse, control, or take responsibility for any third-party services, including any costs incurred. Your use of such tools during or after a session is subject to the terms of service of those third parties. Hiype is not responsible for any changes to, unavailability of, or harmful outputs from third-party tools, nor is it liable for ensuring the use of a tool complies with the terms of service of the tool and with applicable law.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law principles. If Hiype subsequently changes its corporate domicile or principal place of business, Hiype reserves the right to amend these Terms to update the governing law accordingly.

12.2 Mandatory Informal Resolution

Before initiating any formal legal proceeding, the parties must attempt to resolve the dispute informally. You must send a detailed written notice of your dispute, including the nature of the claim and the specific relief sought, to legal@hiype.io. For users residing in Massachusetts, a notice complying with the requirements of M.G.L. c. 93A satisfies this requirement. The parties agree to negotiate in good faith for a period of at least thirty (30) days from the date the written notice is received. No party may initiate arbitration or court proceedings until this 30-day informal resolution period has expired.

12.3 Binding Individual Arbitration

If the dispute cannot be resolved informally within the 30-day period specified in Section 12.2, it shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA").

For Users (Consumers): The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules.
For Coaches (Businesses): The arbitration will be conducted in accordance with the AAA Commercial Arbitration Rules.
Authority of the Arbitrator: The arbitrator shall have the authority to award any individual remedy that would be available in a court of law, including statutory damages and reasonable attorney's fees available under M.G.L. c. 93A. However, the arbitrator shall have no authority to award punitive, exemplary, or multiple damages that have been contractually limited or waived under these Terms, except where such waivers are expressly prohibited by un-waivable public policy or statute (such as knowing and willful violations under Chapter 93A).

12.4 Mass Arbitration Protection

If twenty-five (25) or more similar arbitration demands are filed against Hiype by or with the assistance of the same law firm or coordinated group of law firms, the parties agree that the AAA Mass Arbitration Supplementary Rules shall apply. In such an event, a Process Arbitrator shall be appointed to streamline administration, fee structures, and case management to protect all parties from predatory administrative fee leverage.

12.5 Class Action and Jury Trial Waiver

To the fullest extent permitted by law, you and Hiype agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor Hiype will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. You and Hiype also unconditionally waive the right to a trial by jury.

12.6 Right to Opt-Out (Users Only)

Everyday users (consumers) have the right to opt out of this arbitration agreement. To opt out, you must send an email to legal@hiype.io within thirty (30) days of first creating your Hiype account, explicitly stating your intent to opt out of arbitration. If you successfully opt out, any unresolved disputes must be brought individually in a state or federal court located in Boston, Massachusetts, and you still agree to waive your right to a class action and a jury trial under Section 12.5. Coaches signing a Coach Addendum are acting in a commercial capacity and are not eligible to opt out of arbitration.

12.7 Equitable Relief

Notwithstanding Sections 12.3 and 12.6, either party may bring an action in a court of competent jurisdiction solely seeking emergency injunctive or other equitable relief to preserve the status quo or protect intellectual property rights pending a final decision by the arbitrator.

12.8 Severability & Savings Clause

If any portion of this Section 12 is found to be unenforceable, invalid, or illegal under applicable law (including constraints imposed by M.G.L. c. 93A), that specific provision shall be severed, and the remainder of Section 12 shall continue in full force and effect. If a court or arbitrator determines that a class action waiver is invalid as applied to a specific claim or remedy, then that specific claim or remedy (and only that claim or remedy) must be severed and brought in a court of competent jurisdiction in Boston, Massachusetts, while all other claims remain subject to individual arbitration.

12.9 International / Non-US Users

For users residing in the European Union (EU), United Kingdom (UK), Canada, Australia, or other jurisdictions with mandatory consumer protection laws that cannot be contractually waived, nothing in these Terms shall limit or strip you of your mandatory statutory rights or local forum privileges required by local law.

13. Changes to Terms

Hiype reserves the right to update these Terms at any time. We will notify you of material changes via email or platform notification at least 14 days before the changes take effect (or 30 days for EEA/UK users where required by law). Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

14. General Provisions

Entire Agreement: These Terms, together with Hiype’s Privacy Policy and any applicable supplemental terms, master service agreements, addenda, order forms, or policies incorporated herein by reference or executed between you and Hiype, constitute the entire agreement between you and Hiype regarding the Platform. This Agreement supersedes all prior or contemporaneous communications, proposals, representations, or understandings, whether oral or written.
Severability: If any provision is unenforceable, the remaining provisions continue in effect.
Waiver: Failure to enforce any provision is not a waiver of future enforcement.
Assignment: You may not assign your rights under these Terms. Hiype may assign in connection with a merger, acquisition, restructuring of the company, or asset sale.
Language: These Terms are in English. Translations are for convenience only; the English version controls.

For questions, contact us at legal@hiype.io.