Overview

Welcome to Hype.day!

Fractal Capital, Inc., ("Hype.day," "we," "us," "our") provides its Hype.day branded services (described below) to you ("you" or "User") through its website located at "https://www.hype.day/" (the "Site") and through its Hype.day branded mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for new users immediately upon posting and for continuing users thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located here. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description: The Service is designed to provide an online video design platform that provides our users the tools to create video advertisements, including video templates and editing software.

• Your Registration Obligations: You may be required to register with Hype.day in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you may only use the Service, with or without registering, with the approval of your parent or guardian which you are responsible to obtain. If you are under 16 you cannot use the service. Hype.day reserves the right to revoke your registration at its sole discretion.
• Member Account and Security: You are responsible for maintaining the confidentiality of your account, if any, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Hype.day of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Hype.day will not be liable for any loss or damage arising from your failure to comply with this Section.
• Modifications to Service: Hype.day reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hype.day will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
• General Practices Regarding Use and Storage: You acknowledge that Hype.day may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Hype.day’s servers on your behalf. Unless you have contracted with Hype.day for a certain amount of data storage, you agree that Hype.day has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. Subject to a contract with Hype.day, you acknowledge that Hype.day reserves the right to terminate accounts that are inactive for an extended period of time. Subject to a contract with Hype.day, you further acknowledge that Hype.day reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
• Mobile Services: The Service includes certain services that are available via a mobile device, including(i) the ability to upload content to the Service via a mobile device, and(ii) the ability to browse the Service and the Site from a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Hype.day and other entities by email, push notifications, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish, stream, discuss or display (hereinafter, "upload") or email or otherwise use via the Service. Hype.day reserves the right to investigate and take appropriate legal action against anyone who, in Hype.day’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Service to:

1. email or otherwise upload any content that

(i) infringes any intellectual property or other proprietary rights of any party;

(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;

(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the

functionality of any computer software or hardware or telecommunications equipment;

(iv) poses or creates a privacy or security risk to any person;

(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;