Public offer, terms and conditions of Behype
1. General Provisions
Welcome to the BEHYPE.io website and the "BEHYPE" app ("We", "Ours") and thank you for visiting. We hope you enjoy the experience!
1.1 These Terms of Use (“Terms”) constitute a legal agreement between you and Us (collectively, “All”) and govern your use of all text, data, information, software, graphics, photographs and other things (collectively, the “Materials”) that We and/or our affiliates may provide to you, as well as any services (“Services”) that we may provide through any of our applications (all of which are referred to in these Terms as the “Website” and the “App”).
1.2. PLEASE READ THESE TERMS CAREFULLY BEFORE VIEWING THIS WEBSITE AND APP. USING THIS WEBSITE AND APP INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THIS WEBSITE OR APP.
The following terms and definitions are used in this offer:
"We", "Ours" - BEHYPE.IO website, BEHYPE application, participants of TOO "BEHYPE"
"Website" - the BEHYPE.IO website, where you can find all the necessary information about our services, the BEHYPE application and BEHYPE LLC.
"Application" - BEHYPE application for providing online space for interaction between users of social networks Instagram and TikTok for the purpose of promotion in social networks.
"Materials" - any material in the form of content in digital format: photos, videos, text, but not limited to the above, used on the BEHYPE.IO website or BEHYPE application, as well as any content sent and/or uploaded by you through the BEHYPE.IO website or BEHYPE application.
"Users" - any person who has registered in the application in accordance with the terms of this offer is a user of the application. Users can act as both a Buyer and a Creator in the "BEHYPE" application, and create applications on behalf of the Buyer or provide services on behalf of the Creator.
"Buyer", "You" - individuals and legal entities who have a Profile in the application and are interested in purchasing services provided by the Creators, namely, in organizing advertising campaigns for the purpose of promoting their own goods, services, results of intellectual or other activities by posting information on online platforms owned by the Creators on the basis of management rights.
"Creator" "You" - individuals and/or legal entities that have a Profile in the application and provide services for the creation of online advertising media content (videos, articles, banners, posters, etc.), visiting, viewing or otherwise using the Application, including communicating with the Buyer EITHER for the purpose of creating and subsequently posting online advertising media content for the goods or services of Buyers on their own online platforms, OR for the purpose of attracting attention and popularizing the personality of the Creator (an individual) and his blog/s, or another individual among Internet users using references to Buyers and/or their goods/services. Note: The implementation by the Creator (an individual) of actions aimed at advertising himself and/or his platform (blogs), or another individual, does not constitute the Creator's implementation of entrepreneurial activity, even if references to the Buyer and/or his goods/services were used in his media content.
"Challenge" is an additional functionality of the buyer's personal account that allows conducting an advertising Campaign in the form of mass native organic advertising in video format on TikTok/Instagram/Youtube, due to the participation of a large number of TikTok/Instagram/Youtube users, including creators - users creating content on TikTok/Instagram/Youtube and opinion leaders of such a platform.
CHANGES
GENERAL USE
USE OF THE APPLICATION AND APPLICATION SERVICES
AREAS OF THIS APPLICATION THAT ARE PROHIBITED BY PASSWORD
"BEHYPE" MARKETPLACE
USING THE APPLICATION
USERS: CREATORS AND BUYERS
COST OF SERVICES AND PAYMENT PROCEDURE
SUCCESSFUL DEAL
UNSUCCESSFUL TRANSACTION
PAYMENTS
PRIVACY POLICY
LINKS TO THIRD PARTY SITES
APPLICATIONS
UNAUTHORIZED ACTIVITIES
PROPERTY RIGHTS
VIOLATION OF INTELLECTUAL PROPERTY
DISCLAIMER OF WARRANTIES
GENERAL INFORMATION AND LIMITATION OF LIABILITY
COMPENSATION FOR DAMAGES
DISPUTES AND CURRENT LEGISLATION
ENTIRE AGREEMENT, WAIVER AND EXCLUSIONS
LOCAL LAWS; EXPORT CONTROL
FEEDBACK
DISPUTE RESOLUTION
CONTACT US
2. SUBJECT OF THE AGREEMENT
2.1. Under the terms and conditions established by this Agreement, We provide you with services for providing online space for interaction between users of the social networks Instagram and TikTok for the purpose of promoting your accounts on social networks.
3. USING THE APPLICATION
CHANGES.
3.1 We may change the Materials and Services that We offer to You and/or decide to change, suspend or discontinue this Application at any time and without notice to You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We promise to notify You of any changes to these Terms by posting them on this Website and, if You have registered with Us, by describing the changes to these Terms in an email that We will send to the address You provided when registering. To ensure that We reach Your inbox correctly, We ask that You notify Us if Your preferred email address changes at any time after Your registration.
3.2 If you object to any such changes, your only recourse is to discontinue using this Application. Continued use of this Application following notice of any such changes means that you acknowledge and agree to be bound by those changes. Please also note that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Application. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provisions of these Terms that are designated as being superseded.
4. GENERAL USE.
4.1 By using this application, you warrant that you are of legal age. If you are a minor, you must have permission from an adult to use this application and agree to its terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of this application. If you are a minor under applicable law and you have not received the appropriate permission from your parents or persons in loco parentis (legal guardians), you must stop using this application until you receive the appropriate permission from your parents or persons in loco parentis (legal guardians), or you reach the age of majority under applicable law, or you complete the emancipation procedure under applicable law. 4.2 In these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You do not have, and may not have, any other rights to this application or any materials, and you may not modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance or in any way exploit any part of this application or materials in any way. If you make copies of the Website or the Application for Permitted Purposes, we ask that you retain on the copies all of our copyright and other proprietary notices as they appear on this application.
4.3 If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
5. USE OF THIS APPLICATION AND APPLICATION SERVICES.
5.1 To access the application and to use certain services and materials offered on and through this application, you must successfully register an account on our platform.
6. AREAS OF THIS APPLICATION PROHIBITED BY PASSWORD.
6.1.If you wish to create an account with us, you must provide the following information via the account registration page in this application:
6.1.1. Mobile phone number;
6.1.2. TikTok username;
6.1.3.Instagram username;
6.1.4.Work email address;
6.2 You may also choose to provide additional, optional information so that we can provide you with a more personalized experience when using this application, but we will leave this decision to you. Once you have submitted the required registration information, you can use the application services. While you are using an account, you agree to provide true, accurate, current and complete information, which can be obtained by logging into your account and making the appropriate changes directly or by contacting us using the contact information provided in the application, and we can make the changes for you. The code to visit the application will be sent to your phone number when you register. In case of logging out of the application, enter your phone number and you will receive a new message with a code to enter.
6.3 You are responsible for complying with these Terms when accessing this Application directly or through any account you may set up through or in this Application. Since this is your account, it is your job to obtain and maintain all technical details necessary to access and use this Application, and pay any applicable fees. You are also responsible for maintaining the confidentiality of your code and passwords, including any third-party site password we may allow you to use to access this Application. If you believe that your code or the security of this Application has been compromised in any way, you must notify us immediately.
7. "BEHYPE" MARKETPLACE
7.1. As part of the Services offered in connection with the Application (the "BEHYPE Marketplace"), You may be permitted to use the Services to sell personalized videos as a "Creator" to other users registered as "Buyers". You must be 18 years of age to sell videos to Buyers as a Creator. There may be additional terms and conditions applicable to the purchase of videos from certain Creators on that Creator's page or otherwise set forth in the Application. As a Creator, You acknowledge and agree that videos are User Content as set forth below and are subject to the terms, restrictions, assignments and licenses below with respect to the same. You acknowledge and agree that We will receive a portion of the fees paid for the provision of the Services and the sale of any videos and photos through the "BEHYPE Marketplace". You understand and agree that we merely provide the BEHYPE marketplace and are not a party to any transaction involving the purchase or sale of your content, and cannot and will not be responsible for ensuring that content is actually provided or meets a certain quality standard. We do not and cannot control the actions of Creators or Buyers, and Creators are not our employees. You hereby acknowledge that We do not control Creators in their creation or sale of content. You agree to indemnify Us for any losses related to your purchase or use of content (as a Buyer) or your creation and sale of content (as a Creator).
7.2. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTIONS AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO CONTENT SERVICES PURCHASED OR SOLD ON THE MARKETPLACE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE.
7.3 No Creator may collect any information from or about any Buyer (“Buyer Information”), whether through the Services or otherwise, beyond what is necessary to create and sell content to the applicable Buyer from or about whom such Buyer Information was collected. Creator shall also not use any Buyer Information beyond what is necessary to create and sell content for such applicable Buyer. Upon completion of Creator’s creation and sale of content to the applicable Buyer (or otherwise at the request of such Buyer or Us), Creator shall properly destroy all Buyer Information received from or about such Buyer and make no further use of it. Creator shall collect, use, maintain, and transfer all Buyer Information in accordance with all applicable laws.
7.4. In the event of a dispute between participants in the Application or in the services or between users and any third party, you agree that we are not obliged to participate in or otherwise assist one of the parties to such a dispute, including in the form of providing information about the party to such a dispute, we can take these actions ourselves, but in any case the decision on this or that form of participation in the dispute remains with us. In the event of a dispute with one or more other users, you release us, our directors, officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unexpected, disclosed or undisclosed, arising out of or in any way connected with such disputes and / or our services. You must and do hereby waive the rights provided by the Civil Code of the applicable jurisdiction, which essentially states: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."
8. USE OF THE APPLICATION
8.1. Access to the Application is provided to ALL Users on the terms of this Offer and in accordance with the Commercial Terms, which are an integral part of this Offer.
In addition to this Offer, the agreement between "BEHYPE" and Users includes all special documents regulating the provision of access to certain functionality of the Application and posted in the relevant sections of the Application.
8.2. A mandatory condition for using the APPLICATION is your guarantee that:
(a) as an individual - you have reached the age of majority (18+); as a legal entity or individual entrepreneur - you are registered and carry out business activities in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
(b) You have full legal authority (legal capacity and capacity) to enter into and perform legal obligations;
(c) You will use the Application in accordance with this Offer; and
(d) all Materials submitted by you in the Application contain true, accurate, current and complete information, and you have the necessary rights to publish them in the Application.
(d) Access to the Application is not purchased for personal, family, household or other non-business use.
8.2. "BEHYPE" reserves the right, at its sole discretion, to deny anyone access to the Application or its functions, including refusing any Creator participation in any challenge or other activity (including advertising Campaigns) conducted in the application, at any time and for any reason, including due to a violation of the terms of this Offer.
8.3. The Buyer undertakes to stop using the Application immediately upon receipt of the corresponding notice from "BEHYPE".
8.4. The Application is a platform that allows Buyers to independently place offers to organize advertising Campaigns addressed to other Users (Creators) for the execution of transactions regarding the services they provide, and Users (Contractors) have the right to accept, at their own discretion and under their own responsibility, offers received by them from Buyers through the Application, concluding with them the corresponding Campaign Agreement/Task.
8.5. The Application is not a transaction organizer, intermediary, agent or representative of any Buyer/Creator and/or other interested party in relation to the proposed/concluded Campaign/Task Agreement between the Buyer and the Creator, unless otherwise agreed between the Buyer and "BEHYPE" in a separate agency agreement concluded at the discretion of "BEHYPE". All Campaign/Task Agreements concluded and executed by users of the Application due to the placement of Materials in the Application are concluded and executed without the direct or indirect participation of "BEHYPE".
8.6. The Buyer has the right to place offers to organize advertising Campaigns (Challenges), acting as an agent on behalf of third parties. In this case, the Buyer-Agent is fully responsible for the availability of rights to place materials on the Application, the rights to which belong to third parties, including trademarks, etc. The Buyer-Agent is obliged, upon request of "BEHYPE", within 3 (three) business days to provide documents confirming the rights of "BEHYPE" to act on behalf of a third party and use the materials belonging to it in the Application. Otherwise, "BEHYPE" has the right to block the Buyer's access to the Application, and the Buyer is obliged to compensate "BEHYPE" for all damages caused, including, but not limited to, the amounts of compensation presented by copyright holders, as well as fines from government agencies.
9. COST OF SERVICES AND PAYMENT PROCEDURE
9.1. Use of the Application is free of charge.
9.2. The "BEHYPE" application assists the Buyer in transferring payments to the Contractor for services rendered by the Creator to the Buyer based on the results of accepted applications.
9.3. The "BEHYPE" application charges a commission for a successful transaction in the amount of 12% of the order amount or the Creator's price for creating content for the Buyer. The commission is paid by the Buyer for a successful transaction, which is accrued and held when creating a campaign and sending an application to the Contractor. If the Creator refuses or the transaction is unsuccessful, the money is returned to the buyer's balance, excluding the commission of the payment system used.
9.4. Payments are credited to the Creator's Electronic Balance upon a successful transaction. At the same time, We reserve the right to suspend and/or refuse payment in cases where money transfers cannot be made to the Account specified by the Creator, violations by the Creator of the terms of this Offer, unauthorized use by the Creator of intellectual property (or their components) belonging to third parties, as well as for other reasons for which We reserve the right to explain.
9.5. The Buyer and the Creator are notified of the crediting of funds to the Electronic Balance by means of a notification.noin the Personal Profile. The Creator has the right at any time to request the Application Owner to transfer the amounts due to him from the Electronic Balance to the current account specified when submitting the application by submitting the corresponding application through the Personal Profile. The minimum withdrawal amount is 1000 (one thousand) tenge. The payment system may provide a separate commission for the withdrawal of funds. To transfer funds, the Creator undertakes to indicate his current personal and bank data (including card data). "BEHYPE" is not responsible for the errors of the Creator specified when filling out the corresponding applications. The Creator has the right to change the data at any time. The transfer of funds is carried out within 5 (five) banking days. Applications for withdrawal of funds are accepted around the clock.
9.6. Services to assist in the transfer of money are considered to be rendered in full at the moment of transfer of funds to the Creator from the Buyer's Electronic Account to the Creator's Electronic Account. The basis for such payment is the Offer confirmed by the Buyer and the Creator, in which the Parties have agreed on the essential conditions, including, but not limited to, its terms, cost, order of placement and/or order of content creation.
9.7. If the Buyer is an individual, the Creator is solely responsible for paying taxes and other fees on all amounts received for services rendered.
9.8. If the Buyer is a legal entity, then after acceptance of the Offer, the Buyer is responsible for paying taxes on all amounts for services rendered by the Creator and other payments established by the legislation of the Republic of Kazakhstan.
9.9."BEHYPE" hereby confirms that it does not store the financial data of the Buyer and the Creator. Such information, as well as the processing of payments, is carried out through the Payment Systems we use.
10. SUCCESSFUL DEAL
10.1. The Creator undertakes to create content in accordance with the terms of the application sent by the Buyer. Upon agreement to conduct the campaign, a deal is opened in the application, in which 10.2. The Contractor is obliged to complete the task within 7 days and upload a statistical report for approval by the Buyer.
11. UNSUCCESSFUL TRANSACTION
11. If the terms of the application are not met, the Buyer may contact us for help. In this case, the transaction is frozen to resolve the dispute. The transaction is unsuccessful ONLY IF THE APPLICATION TERMS WERE NOT FULFILLED BY THE CREATOR. IF THE BUYER APPLIED FOR HELP FOR ANY OTHER REASON NOT DESCRIBED IN THE APPLICATION TERMS TO THE CREATOR, THE TRANSACTION IS SUCCESSFUL AND THE PAYMENT FOR THE SERVICES WILL BE TRANSFERRED TO THE CREATOR'S BALANCE.
12. PAYMENTS.
12.1 You agree to pay all applicable fees associated with your use of this application and our services. Please note that any payment terms presented to you during the course of using or subscribing to a Paid Service are deemed to be part of these Terms.
12.2 We may suspend or terminate your account and/or access to our services and this application if your payment is delayed and/or your proposed payment method (e.g. credit card) (“Payment Method”) cannot be processed. By providing a Payment Method, you expressly authorize Us to charge applicable fees for the designated Payment Method, as well as taxes and other fees charged thereon at regular intervals, all of which will vary depending on your specific membership and the services used. You agree to make payment using the selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your selected Payment Method. If we, through the Payment Processor (as defined below), do not receive payment from you, you agree to pay all amounts due on your Payment Account (as defined below) upon demand.
12.3.We understand that you may cancel your account, but please be aware that We will not provide a refund and you will be responsible for paying any balance due on the account. To make things easier, you agree that We may charge any outstanding fees using the Payment Method you provided and/or invoice You for such unpaid commission.
12.4. Payments will be processed by third party payment processors (“Payment Processors”) through the payment account associated with your account on the Services (your “Balance”) for use of the Paid Services. The processing of payments will be governed by the terms and privacy policy of the relevant Payment Processor in addition to these Terms, and you agree, as a condition of making payments as a Buyer or receiving payments as a Creator, to comply with the terms of such Payment Processors, as they may be updated from time to time. Violation of the terms provided by such Payment Processors may result in a withholding of payments in addition to any other rights or remedies that We may have at law or under these Terms. We are not responsible for any errors or other acts or omissions of the Payment Processors. By choosing to use the Paid Services, you agree to pay Us through the Payment Processors all fees at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize Us through the applicable Payment. to charge your chosen payment method. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if it has already requested or received payment.
12.6 You must provide current, complete and accurate information for your account. You must promptly update all information to maintain a current, complete and accurate account (e.g., a change in account address, credit card number or credit card expiration date, or if you become aware of a potential breach of security, such as unauthorized disclosure or use of your username or password. Changes to such information may be implemented in your account settings. If you fail to provide any of the above information, you agree that we may continue to charge you for any use of the paid services on your account unless you terminate your paid services as set forth above.
12.7 If the amount to be charged to your payment account is different from the amount you pre-authorized (except in cases related to the imposition or change of government sales taxes), you have the right to receive, and We will provide, notice of the amount to be charged and the date of the charge prior to the scheduled transaction date. Any agreement you have with your payment service provider will govern your use of your Payment Method. You agree that We may accumulate charges incurred and present them as one or more aggregate charges during or at the end of each billing cycle.
12.8.Your failure to terminate or continue to use a Paid Service confirms that We are authorized to charge your Payment Method for that Paid Service. We may submit such charges for payment and you will be responsible for such charges. This does not waive our right to require payment directly from You. Your charges may be paid in advance, in arrears, per use, or otherwise as described when you initially elected to use the Paid Service.
13.PRIVACY POLICY.
13.1. We respect the information you provide to us and want to make sure you fully understand how we use that information. So please review our Privacy Policy (“Privacy Policy”), accessible at “BEHYPE”.io/confidentialpolicy, which explains everything. Children’s Online Privacy Protection Act
13.2. The Children's Online Privacy Protection Act ("COPPA") requires online service providers to obtain parental consent before they knowingly collect personal information online from children under 13. We do not knowingly collect or solicit personal information from children under 13; if you are a child under 13, please do not attempt to register or otherwise use the Services or send Us any personal information. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided Us with personal information, please contact us at support@"BEHYPE".com.
14. LINKS TO THIRD PARTY SITES.
14.1 We think links are convenient, and sometimes we provide links to third party sites on this app. If you use these links, you will leave this app. We are under no obligation to review any third party sites and apps to which you link from this app, We do not control any third party sites and apps, and We are not responsible for any third party sites and apps (or the products, services, or content available through any of them). Therefore, We do not endorse or make any representations about such third party sites and apps, any information, software, products, services, or materials found on them, or any results that may be obtained from using them. If you decide to access any of the third party sites and apps linked to this app, you do so entirely at your own risk and must comply with the privacy policies and terms and conditions for those third party sites and apps.
1. General Provisions
Welcome to the BEHYPE.io website and the "BEHYPE" app ("We", "Ours") and thank you for visiting. We hope you enjoy the experience!
1.1 These Terms of Use (“Terms”) constitute a legal agreement between you and Us (collectively, “All”) and govern your use of all text, data, information, software, graphics, photographs and other things (collectively, the “Materials”) that We and/or our affiliates may provide to you, as well as any services (“Services”) that we may provide through any of our applications (all of which are referred to in these Terms as the “Website” and the “App”).
1.2. PLEASE READ THESE TERMS CAREFULLY BEFORE VIEWING THIS WEBSITE AND APP. USING THIS WEBSITE AND APP INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THIS WEBSITE OR APP.
The following terms and definitions are used in this offer:
"We", "Ours" - BEHYPE.IO website, BEHYPE application, participants of TOO "BEHYPE"
"Website" - the BEHYPE.IO website, where you can find all the necessary information about our services, the BEHYPE application and BEHYPE LLC.
"Application" - BEHYPE application for providing online space for interaction between users of social networks Instagram and TikTok for the purpose of promotion in social networks.
"Materials" - any material in the form of content in digital format: photos, videos, text, but not limited to the above, used on the BEHYPE.IO website or BEHYPE application, as well as any content sent and/or uploaded by you through the BEHYPE.IO website or BEHYPE application.
"Users" - any person who has registered in the application in accordance with the terms of this offer is a user of the application. Users can act as both a Buyer and a Creator in the "BEHYPE" application, and create applications on behalf of the Buyer or provide services on behalf of the Creator.
"Buyer", "You" - individuals and legal entities who have a Profile in the application and are interested in purchasing services provided by the Creators, namely, in organizing advertising campaigns for the purpose of promoting their own goods, services, results of intellectual or other activities by posting information on online platforms owned by the Creators on the basis of management rights.
"Creator" "You" - individuals and/or legal entities that have a Profile in the application and provide services for the creation of online advertising media content (videos, articles, banners, posters, etc.), visiting, viewing or otherwise using the Application, including communicating with the Buyer EITHER for the purpose of creating and subsequently posting online advertising media content for the goods or services of Buyers on their own online platforms, OR for the purpose of attracting attention and popularizing the personality of the Creator (an individual) and his blog/s, or another individual among Internet users using references to Buyers and/or their goods/services. Note: The implementation by the Creator (an individual) of actions aimed at advertising himself and/or his platform (blogs), or another individual, does not constitute the Creator's implementation of entrepreneurial activity, even if references to the Buyer and/or his goods/services were used in his media content.
"Challenge" is an additional functionality of the buyer's personal account that allows conducting an advertising Campaign in the form of mass native organic advertising in video format on TikTok/Instagram/Youtube, due to the participation of a large number of TikTok/Instagram/Youtube users, including creators - users creating content on TikTok/Instagram/Youtube and opinion leaders of such a platform.
CHANGES
GENERAL USE
USE OF THE APPLICATION AND APPLICATION SERVICES
AREAS OF THIS APPLICATION THAT ARE PROHIBITED BY PASSWORD
"BEHYPE" MARKETPLACE
USING THE APPLICATION
USERS: CREATORS AND BUYERS
COST OF SERVICES AND PAYMENT PROCEDURE
SUCCESSFUL DEAL
UNSUCCESSFUL TRANSACTION
PAYMENTS
PRIVACY POLICY
LINKS TO THIRD PARTY SITES
APPLICATIONS
UNAUTHORIZED ACTIVITIES
PROPERTY RIGHTS
VIOLATION OF INTELLECTUAL PROPERTY
DISCLAIMER OF WARRANTIES
GENERAL INFORMATION AND LIMITATION OF LIABILITY
COMPENSATION FOR DAMAGES
DISPUTES AND CURRENT LEGISLATION
ENTIRE AGREEMENT, WAIVER AND EXCLUSIONS
LOCAL LAWS; EXPORT CONTROL
FEEDBACK
DISPUTE RESOLUTION
CONTACT US
2. SUBJECT OF THE AGREEMENT
2.1. Under the terms and conditions established by this Agreement, We provide you with services for providing online space for interaction between users of the social networks Instagram and TikTok for the purpose of promoting your accounts on social networks.
3. USING THE APPLICATION
CHANGES.
3.1 We may change the Materials and Services that We offer to You and/or decide to change, suspend or discontinue this Application at any time and without notice to You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We promise to notify You of any changes to these Terms by posting them on this Website and, if You have registered with Us, by describing the changes to these Terms in an email that We will send to the address You provided when registering. To ensure that We reach Your inbox correctly, We ask that You notify Us if Your preferred email address changes at any time after Your registration.
3.2 If you object to any such changes, your only recourse is to discontinue using this Application. Continued use of this Application following notice of any such changes means that you acknowledge and agree to be bound by those changes. Please also note that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Application. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provisions of these Terms that are designated as being superseded.
4. GENERAL USE.
4.1 By using this application, you warrant that you are of legal age. If you are a minor, you must have permission from an adult to use this application and agree to its terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of this application. If you are a minor under applicable law and you have not received the appropriate permission from your parents or persons in loco parentis (legal guardians), you must stop using this application until you receive the appropriate permission from your parents or persons in loco parentis (legal guardians), or you reach the age of majority under applicable law, or you complete the emancipation procedure under applicable law. 4.2 In these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You do not have, and may not have, any other rights to this application or any materials, and you may not modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance or in any way exploit any part of this application or materials in any way. If you make copies of the Website or the Application for Permitted Purposes, we ask that you retain on the copies all of our copyright and other proprietary notices as they appear on this application.
4.3 If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
5. USE OF THIS APPLICATION AND APPLICATION SERVICES.
5.1 To access the application and to use certain services and materials offered on and through this application, you must successfully register an account on our platform.
6. AREAS OF THIS APPLICATION PROHIBITED BY PASSWORD.
6.1.If you wish to create an account with us, you must provide the following information via the account registration page in this application:
6.1.1. Mobile phone number;
6.1.2. TikTok username;
6.1.3.Instagram username;
6.1.4.Work email address;
6.2 You may also choose to provide additional, optional information so that we can provide you with a more personalized experience when using this application, but we will leave this decision to you. Once you have submitted the required registration information, you can use the application services. While you are using an account, you agree to provide true, accurate, current and complete information, which can be obtained by logging into your account and making the appropriate changes directly or by contacting us using the contact information provided in the application, and we can make the changes for you. The code to visit the application will be sent to your phone number when you register. In case of logging out of the application, enter your phone number and you will receive a new message with a code to enter.
6.3 You are responsible for complying with these Terms when accessing this Application directly or through any account you may set up through or in this Application. Since this is your account, it is your job to obtain and maintain all technical details necessary to access and use this Application, and pay any applicable fees. You are also responsible for maintaining the confidentiality of your code and passwords, including any third-party site password we may allow you to use to access this Application. If you believe that your code or the security of this Application has been compromised in any way, you must notify us immediately.
7. "BEHYPE" MARKETPLACE
7.1. As part of the Services offered in connection with the Application (the "BEHYPE Marketplace"), You may be permitted to use the Services to sell personalized videos as a "Creator" to other users registered as "Buyers". You must be 18 years of age to sell videos to Buyers as a Creator. There may be additional terms and conditions applicable to the purchase of videos from certain Creators on that Creator's page or otherwise set forth in the Application. As a Creator, You acknowledge and agree that videos are User Content as set forth below and are subject to the terms, restrictions, assignments and licenses below with respect to the same. You acknowledge and agree that We will receive a portion of the fees paid for the provision of the Services and the sale of any videos and photos through the "BEHYPE Marketplace". You understand and agree that we merely provide the BEHYPE marketplace and are not a party to any transaction involving the purchase or sale of your content, and cannot and will not be responsible for ensuring that content is actually provided or meets a certain quality standard. We do not and cannot control the actions of Creators or Buyers, and Creators are not our employees. You hereby acknowledge that We do not control Creators in their creation or sale of content. You agree to indemnify Us for any losses related to your purchase or use of content (as a Buyer) or your creation and sale of content (as a Creator).
7.2. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTIONS AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO CONTENT SERVICES PURCHASED OR SOLD ON THE MARKETPLACE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE.
7.3 No Creator may collect any information from or about any Buyer (“Buyer Information”), whether through the Services or otherwise, beyond what is necessary to create and sell content to the applicable Buyer from or about whom such Buyer Information was collected. Creator shall also not use any Buyer Information beyond what is necessary to create and sell content for such applicable Buyer. Upon completion of Creator’s creation and sale of content to the applicable Buyer (or otherwise at the request of such Buyer or Us), Creator shall properly destroy all Buyer Information received from or about such Buyer and make no further use of it. Creator shall collect, use, maintain, and transfer all Buyer Information in accordance with all applicable laws.
7.4. In the event of a dispute between participants in the Application or in the services or between users and any third party, you agree that we are not obliged to participate in or otherwise assist one of the parties to such a dispute, including in the form of providing information about the party to such a dispute, we can take these actions ourselves, but in any case the decision on this or that form of participation in the dispute remains with us. In the event of a dispute with one or more other users, you release us, our directors, officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unexpected, disclosed or undisclosed, arising out of or in any way connected with such disputes and / or our services. You must and do hereby waive the rights provided by the Civil Code of the applicable jurisdiction, which essentially states: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."
8. USE OF THE APPLICATION
8.1. Access to the Application is provided to ALL Users on the terms of this Offer and in accordance with the Commercial Terms, which are an integral part of this Offer.
In addition to this Offer, the agreement between "BEHYPE" and Users includes all special documents regulating the provision of access to certain functionality of the Application and posted in the relevant sections of the Application.
8.2. A mandatory condition for using the APPLICATION is your guarantee that:
(a) as an individual - you have reached the age of majority (18+); as a legal entity or individual entrepreneur - you are registered and carry out business activities in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
(b) You have full legal authority (legal capacity and capacity) to enter into and perform legal obligations;
(c) You will use the Application in accordance with this Offer; and
(d) all Materials submitted by you in the Application contain true, accurate, current and complete information, and you have the necessary rights to publish them in the Application.
(d) Access to the Application is not purchased for personal, family, household or other non-business use.
8.2. "BEHYPE" reserves the right, at its sole discretion, to deny anyone access to the Application or its functions, including refusing any Creator participation in any challenge or other activity (including advertising Campaigns) conducted in the application, at any time and for any reason, including due to a violation of the terms of this Offer.
8.3. The Buyer undertakes to stop using the Application immediately upon receipt of the corresponding notice from "BEHYPE".
8.4. The Application is a platform that allows Buyers to independently place offers to organize advertising Campaigns addressed to other Users (Creators) for the execution of transactions regarding the services they provide, and Users (Contractors) have the right to accept, at their own discretion and under their own responsibility, offers received by them from Buyers through the Application, concluding with them the corresponding Campaign Agreement/Task.
8.5. The Application is not a transaction organizer, intermediary, agent or representative of any Buyer/Creator and/or other interested party in relation to the proposed/concluded Campaign/Task Agreement between the Buyer and the Creator, unless otherwise agreed between the Buyer and "BEHYPE" in a separate agency agreement concluded at the discretion of "BEHYPE". All Campaign/Task Agreements concluded and executed by users of the Application due to the placement of Materials in the Application are concluded and executed without the direct or indirect participation of "BEHYPE".
8.6. The Buyer has the right to place offers to organize advertising Campaigns (Challenges), acting as an agent on behalf of third parties. In this case, the Buyer-Agent is fully responsible for the availability of rights to place materials on the Application, the rights to which belong to third parties, including trademarks, etc. The Buyer-Agent is obliged, upon request of "BEHYPE", within 3 (three) business days to provide documents confirming the rights of "BEHYPE" to act on behalf of a third party and use the materials belonging to it in the Application. Otherwise, "BEHYPE" has the right to block the Buyer's access to the Application, and the Buyer is obliged to compensate "BEHYPE" for all damages caused, including, but not limited to, the amounts of compensation presented by copyright holders, as well as fines from government agencies.
9. COST OF SERVICES AND PAYMENT PROCEDURE
9.1. Use of the Application is free of charge.
9.2. The "BEHYPE" application assists the Buyer in transferring payments to the Contractor for services rendered by the Creator to the Buyer based on the results of accepted applications.
9.3. The "BEHYPE" application charges a commission for a successful transaction in the amount of 12% of the order amount or the Creator's price for creating content for the Buyer. The commission is paid by the Buyer for a successful transaction, which is accrued and held when creating a campaign and sending an application to the Contractor. If the Creator refuses or the transaction is unsuccessful, the money is returned to the buyer's balance, excluding the commission of the payment system used.
9.4. Payments are credited to the Creator's Electronic Balance upon a successful transaction. At the same time, We reserve the right to suspend and/or refuse payment in cases where money transfers cannot be made to the Account specified by the Creator, violations by the Creator of the terms of this Offer, unauthorized use by the Creator of intellectual property (or their components) belonging to third parties, as well as for other reasons for which We reserve the right to explain.
9.5. The Buyer and the Creator are notified of the crediting of funds to the Electronic Balance by means of a notification.noin the Personal Profile. The Creator has the right at any time to request the Application Owner to transfer the amounts due to him from the Electronic Balance to the current account specified when submitting the application by submitting the corresponding application through the Personal Profile. The minimum withdrawal amount is 1000 (one thousand) tenge. The payment system may provide a separate commission for the withdrawal of funds. To transfer funds, the Creator undertakes to indicate his current personal and bank data (including card data). "BEHYPE" is not responsible for the errors of the Creator specified when filling out the corresponding applications. The Creator has the right to change the data at any time. The transfer of funds is carried out within 5 (five) banking days. Applications for withdrawal of funds are accepted around the clock.
9.6. Services to assist in the transfer of money are considered to be rendered in full at the moment of transfer of funds to the Creator from the Buyer's Electronic Account to the Creator's Electronic Account. The basis for such payment is the Offer confirmed by the Buyer and the Creator, in which the Parties have agreed on the essential conditions, including, but not limited to, its terms, cost, order of placement and/or order of content creation.
9.7. If the Buyer is an individual, the Creator is solely responsible for paying taxes and other fees on all amounts received for services rendered.
9.8. If the Buyer is a legal entity, then after acceptance of the Offer, the Buyer is responsible for paying taxes on all amounts for services rendered by the Creator and other payments established by the legislation of the Republic of Kazakhstan.
9.9."BEHYPE" hereby confirms that it does not store the financial data of the Buyer and the Creator. Such information, as well as the processing of payments, is carried out through the Payment Systems we use.
10. SUCCESSFUL DEAL
10.1. The Creator undertakes to create content in accordance with the terms of the application sent by the Buyer. Upon agreement to conduct the campaign, a deal is opened in the application, in which 10.2. The Contractor is obliged to complete the task within 7 days and upload a statistical report for approval by the Buyer.
11. UNSUCCESSFUL TRANSACTION
11. If the terms of the application are not met, the Buyer may contact us for help. In this case, the transaction is frozen to resolve the dispute. The transaction is unsuccessful ONLY IF THE APPLICATION TERMS WERE NOT FULFILLED BY THE CREATOR. IF THE BUYER APPLIED FOR HELP FOR ANY OTHER REASON NOT DESCRIBED IN THE APPLICATION TERMS TO THE CREATOR, THE TRANSACTION IS SUCCESSFUL AND THE PAYMENT FOR THE SERVICES WILL BE TRANSFERRED TO THE CREATOR'S BALANCE.
12. PAYMENTS.
12.1 You agree to pay all applicable fees associated with your use of this application and our services. Please note that any payment terms presented to you during the course of using or subscribing to a Paid Service are deemed to be part of these Terms.
12.2 We may suspend or terminate your account and/or access to our services and this application if your payment is delayed and/or your proposed payment method (e.g. credit card) (“Payment Method”) cannot be processed. By providing a Payment Method, you expressly authorize Us to charge applicable fees for the designated Payment Method, as well as taxes and other fees charged thereon at regular intervals, all of which will vary depending on your specific membership and the services used. You agree to make payment using the selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your selected Payment Method. If we, through the Payment Processor (as defined below), do not receive payment from you, you agree to pay all amounts due on your Payment Account (as defined below) upon demand.
12.3.We understand that you may cancel your account, but please be aware that We will not provide a refund and you will be responsible for paying any balance due on the account. To make things easier, you agree that We may charge any outstanding fees using the Payment Method you provided and/or invoice You for such unpaid commission.
12.4. Payments will be processed by third party payment processors (“Payment Processors”) through the payment account associated with your account on the Services (your “Balance”) for use of the Paid Services. The processing of payments will be governed by the terms and privacy policy of the relevant Payment Processor in addition to these Terms, and you agree, as a condition of making payments as a Buyer or receiving payments as a Creator, to comply with the terms of such Payment Processors, as they may be updated from time to time. Violation of the terms provided by such Payment Processors may result in a withholding of payments in addition to any other rights or remedies that We may have at law or under these Terms. We are not responsible for any errors or other acts or omissions of the Payment Processors. By choosing to use the Paid Services, you agree to pay Us through the Payment Processors all fees at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize Us through the applicable Payment. to charge your chosen payment method. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if it has already requested or received payment.
12.6 You must provide current, complete and accurate information for your account. You must promptly update all information to maintain a current, complete and accurate account (e.g., a change in account address, credit card number or credit card expiration date, or if you become aware of a potential breach of security, such as unauthorized disclosure or use of your username or password. Changes to such information may be implemented in your account settings. If you fail to provide any of the above information, you agree that we may continue to charge you for any use of the paid services on your account unless you terminate your paid services as set forth above.
12.7 If the amount to be charged to your payment account is different from the amount you pre-authorized (except in cases related to the imposition or change of government sales taxes), you have the right to receive, and We will provide, notice of the amount to be charged and the date of the charge prior to the scheduled transaction date. Any agreement you have with your payment service provider will govern your use of your Payment Method. You agree that We may accumulate charges incurred and present them as one or more aggregate charges during or at the end of each billing cycle.
12.8.Your failure to terminate or continue to use a Paid Service confirms that We are authorized to charge your Payment Method for that Paid Service. We may submit such charges for payment and you will be responsible for such charges. This does not waive our right to require payment directly from You. Your charges may be paid in advance, in arrears, per use, or otherwise as described when you initially elected to use the Paid Service.
13.PRIVACY POLICY.
13.1. We respect the information you provide to us and want to make sure you fully understand how we use that information. So please review our Privacy Policy (“Privacy Policy”), accessible at “BEHYPE”.io/confidentialpolicy, which explains everything. Children’s Online Privacy Protection Act
13.2. The Children's Online Privacy Protection Act ("COPPA") requires online service providers to obtain parental consent before they knowingly collect personal information online from children under 13. We do not knowingly collect or solicit personal information from children under 13; if you are a child under 13, please do not attempt to register or otherwise use the Services or send Us any personal information. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided Us with personal information, please contact us at support@"BEHYPE".com.
14. LINKS TO THIRD PARTY SITES.
14.1 We think links are convenient, and sometimes we provide links to third party sites on this app. If you use these links, you will leave this app. We are under no obligation to review any third party sites and apps to which you link from this app, We do not control any third party sites and apps, and We are not responsible for any third party sites and apps (or the products, services, or content available through any of them). Therefore, We do not endorse or make any representations about such third party sites and apps, any information, software, products, services, or materials found on them, or any results that may be obtained from using them. If you decide to access any of the third party sites and apps linked to this app, you do so entirely at your own risk and must comply with the privacy policies and terms and conditions for those third party sites and apps.
15. APPLICATIONS.
15.1. Certain sections of this application may allow you to submit feedback, information, data, text, software, messages or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submissions will be considered non-confidential and non-proprietary, and you represent and warrant that you have all rights necessary to contribute in any manner to the User's use of the 15.2. Provision of the Services as you contribute. In addition, we do not guarantee that you will be able to edit or delete any User Submissions you submit.
15.3. Any information or content posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated, and you access all such information and content at your own risk, and we are not responsible for any errors or omissions in such information or content or for any damage or loss you may suffer in connection therewith. We cannot control, and have no obligation to take any action regarding, how you may interpret and use such information or content (including, without limitation, any User Submissions) or what actions you may take as a result of being exposed to such information or content, and you hereby release us from any liability arising from your acquisition or failure to acquire such information or content through the Services. We cannot guarantee the identity of any users with whom you interact while using the Services and are not responsible for which users access the Services.
15.4.By submitting any User Materials, you warrant to Us that:
● You own all rights in your User Submissions (including, without limitation, all rights to reproduce and display your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant Us the rights in your User Submissions as described in these Terms;
● You have paid and/or will pay in full all license fees, design fees and other financial obligations of any kind arising from any use or commercial exploitation of your User Submissions;
● Your User Content does not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights or any other legal or moral rights of any third party;
● You voluntarily agree to waive all “moral rights” that you may have in your user materials;
● Any information contained in your User Submissions is not considered false, inaccurate or misleading;
● Your User Content does not violate any laws or encourage the violation of any laws (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, marijuana, alcohol or drug use, or false advertising);
● Your User Information does not promote the use of drugs, alcohol or marijuana;
● Your User Submissions are not, and cannot reasonably be considered to be, defamatory, libelous, hateful, prejudiced or offensive, unlawfully threatening or unlawfully offensive to any person, partnership or corporation, vulgar, pornographic, obscene or invasive of another's privacy;
● You have not received and will not receive compensation or remuneration from any third party for submitting your user information;
● Your User Information does not include materials from a third party application or addresses, email addresses, contact information or telephone numbers (other than your own);
● Your User Information does not contain viruses, worms, spyware, adware or other potentially harmful programs or files;
● Your User Information does not contain any information that you consider to be confidential, proprietary or personal; and
● Your User Submissions do not contain or constitute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
15.5 By submitting a User Submission, you grant Us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
● Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (or any modifications thereof), in whole or in part, in any format or media now known or later developed;
● Use (and permit others to use) your User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, incorporating your User Submissions or any modifications thereto, in whole or in part, into any technology, product or service);
● Display advertisements in connection with your User Content and use your User Content for advertising and promotional purposes.
● We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Application through which 15.6. User Submissions may be submitted. We are not required to post, display or distribute any User Submissions on or through this Application, and we may remove or reject any User Submissions for any reason. We are not responsible for the loss, theft or damage of any kind of User Submissions. In addition, You agree that We may freely disclose Your User Submissions to any third party without any obligation of confidentiality on the part of the recipient.
16. UNAUTHORIZED ACTIVITIES.
16.1. For clarity, we only permit you to use this Application for the Permitted Purposes. Any other use of this Application outside the Permitted Purposes is prohibited and therefore constitutes unauthorized use of this Application. This is because, as between you and us, all rights in this Application remain our property.
16.2. Unauthorized use of this application may violate various laws of the Republic of Kazakhstan and international copyright laws. Since We prefer to keep this relationship free of drama, We want to give You examples of what to avoid. So, unless you have written permission from Us stating otherwise, you may not use this application in any of the following ways (these are examples only, and the list below is not a complete list of everything you are not allowed to do):
16.3 For any public or commercial purpose which includes the use of this Application on another website or through a networked computer environment;
● In a manner that modifies, publicly displays, publicly performs, reproduces or distributes our application;
● In a manner that violates, or encourages any third party to violate, any local, state, national, foreign or international law, regulation, rule, order, treaty or other law;
● Harass, harass, or harm another person;
● Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
● To interfere with or disrupt this Application or servers or networks connected to this Application;
● Use any data mining, robots, or similar data gathering or extraction methods in connection with this Application; or
● Attempt to gain unauthorized access to any portion of this Application or any other accounts, computer systems or networks connected to this Application, through hacking, password mining or any other means.
16.4.You agree to hire attorneys to defend Us if you breach these Terms if that breach causes problems for Us. You also agree to indemnify Us for any damages that We may be required to pay as a result of your breach. You are solely responsible for any breach of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
17. PROPERTY RIGHTS.
17.1 "BEHYPE" is a trademark owned by Us. All third party names, logos and brands (e.g. TikTok, Instagram and their respective logos) displayed on our site are trademarks of their respective owners. "BEHYPE" and its products and services are not endorsed by, sponsored by or affiliated with these third parties. Our use of these names, logos and brands is for identification purposes only and does not imply any endorsement, sponsorship or affiliation.
17.2. Unless otherwise specified in these Terms, all Materials, including their placement on this Application, are Our exclusive property, Copyright © 2021, "BEHYPE". All rights not expressly granted herein are reserved. Except as otherwise required or restricted by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or a license.
18. VIOLATION OF INTELLECTUAL PROPERTY.
18.1 We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Content that infringes the intellectual property rights of others, suspending access to this Application (or any part of it) for any user who uses this Application in violation of someone else's intellectual property rights, and/or terminating access in appropriate circumstances to the account of any user who uses this Application in violation of someone else's intellectual property rights.
18.2 If you believe that your copyright or other intellectual property rights are being infringed by a user of this application, please send a written notification to our agent for notice of claims of infringement:
Phone: +77474465625
Email: legal@"BEHYPE".io
18.3 To ensure that the matter is resolved promptly, your written notice must:
● Contain your physical or electronic signature;
● Identification of the copyrighted work or other intellectual property that has allegedly been infringed;
● Identify the material that is allegedly infringing sufficiently to enable us to locate the material;
● Contain adequate information by which we may contact you (including a postal address, telephone number and e-mail address);
● Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law;
● Contain a statement that the information in the written notice is accurate; and
● Contain a statement under penalty of perjury that you are authorized to act on behalf of the owner of the copyright or other intellectual property right.
18.4. If the notification does not concern copyright infringement or other violation of intellectual property rights, the Agent will not be able to resolve the issue.
19. SENDING A COUNTER NOTICE
19.1. We will notify you that we have removed or disabled access to copyrighted material that you have provided if such removal is pursuant to a validly received takedown notice. In response, you may send our agent a counter-notice in writing that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of the court for the judicial district in which your physical address is located, or if your physical address is outside of the Republic of Kazakhstan, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
19.2. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Application or Service who is the subject of repeated notifications of violation of the Law of the Republic of Kazakhstan on Digital Copyright or other violations.
20. DISCLAIMER OF WARRANTIES.
20.1.This application and services, including without limitation content purchased and sold on the BEHYPE marketplace, are provided "as is" and "with all faults" and the entire risk as to quality lies with you.
20.1. We expressly disclaim all warranties (express, implied or statutory) with respect to this application, which include, but are not limited to, any implied or statutory warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights. This means that we do not promise you that the application will be problem-free. Without limiting the generality of the foregoing, we make no warranty that this application will meet your requirements or that this application will be uninterrupted, timely, secure or error-free, or that defects in this application will be corrected. We make no warranty as to the results that may be obtained from the use of this Application or as to the accuracy or reliability of any information obtained through this Application. No advice or information, oral or written, obtained by you through this application from us or our subsidiaries / other affiliated companies shall create any warranty. We disclaim any equitable compensation.
21. GENERAL INFORMATION AND LIMITATION OF LIABILITY
21.1.The Application and content are provided on an “as is” basis without any representations or warranties of any kind.
21.2. The buyer and creator acknowledges that they use the application or content at their own risk.
21.3."BEHYPE" makes no representations, warranties or guarantees regarding the truthfulness, quality, accuracy, reliability, completeness, currency, or timeliness of the application or content.
21.4. The application and content may contain errors, omissions and inaccuracies. "BEHYPE" is not responsible for any errors, omissions or inaccuracies in the application or content.
21.5.Behype makes no warranties regarding any particular buyer or creator.
21.6.To the fullest extent permitted by applicable law, BEHYPE disclaims all warranties, representations and conditions of any kind, express or implied, including, without limitation, implied warranties and conditions of fitness for a particular purpose and non-infringement of intellectual property rights with respect to the application and content, and that the application or content will operate error-free or uninterrupted.
21.7. Under no circumstances will BEHYPE be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal warranty, for damages of any kind (including, without limitation, direct, incidental, consequential, special, punitive or exemplary damages, loss of profits, loss of use, loss of data, personal injury, fines, fees or other liabilities), regardless of whether BEHYPE is advised of the possibility of such damages, arising out of or in connection with the use of, or the inability to use, the application or content or any task.
21.7. Buyers and creators are independent individuals or legal entities and are not contractors, agents or employees of "BEHYPE".
21.8."BEHYPE" is not responsible for the actions, errors, omissions, violations or negligence of any of the buyers and creators, or for any personal injury, death, damage or other loss incurred as a result thereof, and does not assume any liability related to the task.
21.9. Provided that the above limitations do not apply, under no circumstances will the aggregate liability of "BEHYPE" in connection with or in accordance with these terms of use, including the assignment, or use of or inability to use the application or content, or any other claim regarding the rules or the ability to use the application or content, exceed 40,000 (forty thousand) tenge. For greater certainty, the existence of one or more claims under these terms of use will not increase the maximum limit of liability.
22. COMPENSATION FOR DAMAGES
22.1. The Buyer and the Creator undertake to defend and hold harmless "BEHYPE" and all of its officers, directors, employees and agents from any claims, actions, demands, compensation, losses, damages, fines, penalties or other expenses of any kind or nature, including but not limited to reasonable legal and financial costs, arising out of or related to:
(a) the breach by Buyer and Creator of any of the warranties, representations or obligations under these Rules or other agreements referred to herein;
(b) violation of the norms of the legislation of the Republic of Kazakhstan or the rights of third parties (including rights to intellectual property);
(c) the use of the Application by the Buyer and the Creator;
(d) a breach or failure by Buyer and Creator, or any third party acting on behalf of Buyer and Creator or with the permission of Buyer and Creator, to perform any Task; or
(d) the use by the Buyer and the Creator, or any third party acting on behalf of the Buyer and the Creator or with the permission of the Buyer and the Creator, of any media content created by the Buyer and the Creator or third parties in accordance with the Task.
22.2. "BEHYPE" has the right to demand, and the Buyer and the Creator are obliged to compensate for all damages, including lost profits and legal costs, caused to "BEHYPE" as a result of the actions of the Buyer and the Creator specified in the Terms of Use.
23. DISPUTES AND GOVERNING LEGISLATION
23.1. When resolving all disputes under these Rules, the current legislation of the Republic of Kazakhstan shall apply.
23.2. Given that access to the Application is provided to the Buyer and the Creator free of charge within the framework of these Rules, the provisions of the Law "On the Protection of Consumer Rights" do not apply to the relationship between the Buyer and the Creator and "BEHYPE".
23.3. Any violation or failure to comply with these Rules shall entail the application by "BEHYPE" of sanctions provided for by the Rules and/or the current administrative, criminal or civil legislation of the country in which the actions within the Application are carried out.
23.4. Appeals, proposals and claims from individuals and legal entities to "BEHYPE" in connection with these Rules and all issues related to the functioning of the Application, violation of the rights and interests of third parties when using it, as well as for requests from persons authorized by the legislation of the Republic of Kazakhstan, can be sent by e-mail to the address: legal@"BEHYPE".io.
23.5. All disputes arising within the framework of these Rules must be referred to the court in accordance with the territorial jurisdiction at the location of "BEHYPE" (Almaty).
23.6. Recognition of individual parts of these Rules as invalid does not cancel the effect of other provisions of these Rules.
24. ENTIRE AGREEMENT, WAIVER AND EXCLUSIONS
24.1.These Rules constitute the entire agreement between "BEHYPE" and the Buyer and the Creator regarding the subject matter of this agreement, and this agreement supersedes all previous agreements and understandings between the Buyer and the Creator and "BEHYPE", both oral and written, regarding the Application.
24.2. A printed version of these Rules and of any notice filed in electronic form shall be admissible in judicial or administrative proceedings in accordance with these Rules to the same extent and under the same conditions as other documents and records created and used in printed form.
25. FEEDBACK.
25.1. Any communications you send to Us (e.g. comments, questions, suggestions, materials - collectively "Feedback") by any means (e.g. phone, fax, email) will be treated as non-confidential and non-proprietary. Except where prohibited by applicable law, you hereby assign all right, title and interest in and to, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including, without limitation, developing, manufacturing, producing, licensing, marketing and selling, directly or indirectly, products and services using such Feedback. If the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, perpetual, transferable, worldwide, royalty-free, fully paid license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion. Notwithstanding the foregoing, You understand and agree that We are under no obligation to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction or distribution.
TO CONTACT US
Phone: +77474465625
Email: legal@BEHYPE.io
LLP "BEHYPE"
BIN 210640023172
15.1. Certain sections of this application may allow you to submit feedback, information, data, text, software, messages or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submissions will be considered non-confidential and non-proprietary, and you represent and warrant that you have all rights necessary to contribute in any manner to the User's use of the 15.2. Provision of the Services as you contribute. In addition, we do not guarantee that you will be able to edit or delete any User Submissions you submit.
15.3. Any information or content posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated, and you access all such information and content at your own risk, and we are not responsible for any errors or omissions in such information or content or for any damage or loss you may suffer in connection therewith. We cannot control, and have no obligation to take any action regarding, how you may interpret and use such information or content (including, without limitation, any User Submissions) or what actions you may take as a result of being exposed to such information or content, and you hereby release us from any liability arising from your acquisition or failure to acquire such information or content through the Services. We cannot guarantee the identity of any users with whom you interact while using the Services and are not responsible for which users access the Services.
15.4.By submitting any User Materials, you warrant to Us that:
● You own all rights in your User Submissions (including, without limitation, all rights to reproduce and display your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant Us the rights in your User Submissions as described in these Terms;
● You have paid and/or will pay in full all license fees, design fees and other financial obligations of any kind arising from any use or commercial exploitation of your User Submissions;
● Your User Content does not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights or any other legal or moral rights of any third party;
● You voluntarily agree to waive all “moral rights” that you may have in your user materials;
● Any information contained in your User Submissions is not considered false, inaccurate or misleading;
● Your User Content does not violate any laws or encourage the violation of any laws (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, marijuana, alcohol or drug use, or false advertising);
● Your User Information does not promote the use of drugs, alcohol or marijuana;
● Your User Submissions are not, and cannot reasonably be considered to be, defamatory, libelous, hateful, prejudiced or offensive, unlawfully threatening or unlawfully offensive to any person, partnership or corporation, vulgar, pornographic, obscene or invasive of another's privacy;
● You have not received and will not receive compensation or remuneration from any third party for submitting your user information;
● Your User Information does not include materials from a third party application or addresses, email addresses, contact information or telephone numbers (other than your own);
● Your User Information does not contain viruses, worms, spyware, adware or other potentially harmful programs or files;
● Your User Information does not contain any information that you consider to be confidential, proprietary or personal; and
● Your User Submissions do not contain or constitute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
15.5 By submitting a User Submission, you grant Us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
● Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (or any modifications thereof), in whole or in part, in any format or media now known or later developed;
● Use (and permit others to use) your User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, incorporating your User Submissions or any modifications thereto, in whole or in part, into any technology, product or service);
● Display advertisements in connection with your User Content and use your User Content for advertising and promotional purposes.
● We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Application through which 15.6. User Submissions may be submitted. We are not required to post, display or distribute any User Submissions on or through this Application, and we may remove or reject any User Submissions for any reason. We are not responsible for the loss, theft or damage of any kind of User Submissions. In addition, You agree that We may freely disclose Your User Submissions to any third party without any obligation of confidentiality on the part of the recipient.
16. UNAUTHORIZED ACTIVITIES.
16.1. For clarity, we only permit you to use this Application for the Permitted Purposes. Any other use of this Application outside the Permitted Purposes is prohibited and therefore constitutes unauthorized use of this Application. This is because, as between you and us, all rights in this Application remain our property.
16.2. Unauthorized use of this application may violate various laws of the Republic of Kazakhstan and international copyright laws. Since We prefer to keep this relationship free of drama, We want to give You examples of what to avoid. So, unless you have written permission from Us stating otherwise, you may not use this application in any of the following ways (these are examples only, and the list below is not a complete list of everything you are not allowed to do):
16.3 For any public or commercial purpose which includes the use of this Application on another website or through a networked computer environment;
● In a manner that modifies, publicly displays, publicly performs, reproduces or distributes our application;
● In a manner that violates, or encourages any third party to violate, any local, state, national, foreign or international law, regulation, rule, order, treaty or other law;
● Harass, harass, or harm another person;
● Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
● To interfere with or disrupt this Application or servers or networks connected to this Application;
● Use any data mining, robots, or similar data gathering or extraction methods in connection with this Application; or
● Attempt to gain unauthorized access to any portion of this Application or any other accounts, computer systems or networks connected to this Application, through hacking, password mining or any other means.
16.4.You agree to hire attorneys to defend Us if you breach these Terms if that breach causes problems for Us. You also agree to indemnify Us for any damages that We may be required to pay as a result of your breach. You are solely responsible for any breach of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
17. PROPERTY RIGHTS.
17.1 "BEHYPE" is a trademark owned by Us. All third party names, logos and brands (e.g. TikTok, Instagram and their respective logos) displayed on our site are trademarks of their respective owners. "BEHYPE" and its products and services are not endorsed by, sponsored by or affiliated with these third parties. Our use of these names, logos and brands is for identification purposes only and does not imply any endorsement, sponsorship or affiliation.
17.2. Unless otherwise specified in these Terms, all Materials, including their placement on this Application, are Our exclusive property, Copyright © 2021, "BEHYPE". All rights not expressly granted herein are reserved. Except as otherwise required or restricted by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or a license.
18. VIOLATION OF INTELLECTUAL PROPERTY.
18.1 We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Content that infringes the intellectual property rights of others, suspending access to this Application (or any part of it) for any user who uses this Application in violation of someone else's intellectual property rights, and/or terminating access in appropriate circumstances to the account of any user who uses this Application in violation of someone else's intellectual property rights.
18.2 If you believe that your copyright or other intellectual property rights are being infringed by a user of this application, please send a written notification to our agent for notice of claims of infringement:
Phone: +77474465625
Email: legal@"BEHYPE".io
18.3 To ensure that the matter is resolved promptly, your written notice must:
● Contain your physical or electronic signature;
● Identification of the copyrighted work or other intellectual property that has allegedly been infringed;
● Identify the material that is allegedly infringing sufficiently to enable us to locate the material;
● Contain adequate information by which we may contact you (including a postal address, telephone number and e-mail address);
● Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law;
● Contain a statement that the information in the written notice is accurate; and
● Contain a statement under penalty of perjury that you are authorized to act on behalf of the owner of the copyright or other intellectual property right.
18.4. If the notification does not concern copyright infringement or other violation of intellectual property rights, the Agent will not be able to resolve the issue.
19. SENDING A COUNTER NOTICE
19.1. We will notify you that we have removed or disabled access to copyrighted material that you have provided if such removal is pursuant to a validly received takedown notice. In response, you may send our agent a counter-notice in writing that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of the court for the judicial district in which your physical address is located, or if your physical address is outside of the Republic of Kazakhstan, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
19.2. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Application or Service who is the subject of repeated notifications of violation of the Law of the Republic of Kazakhstan on Digital Copyright or other violations.
20. DISCLAIMER OF WARRANTIES.
20.1.This application and services, including without limitation content purchased and sold on the BEHYPE marketplace, are provided "as is" and "with all faults" and the entire risk as to quality lies with you.
20.1. We expressly disclaim all warranties (express, implied or statutory) with respect to this application, which include, but are not limited to, any implied or statutory warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights. This means that we do not promise you that the application will be problem-free. Without limiting the generality of the foregoing, we make no warranty that this application will meet your requirements or that this application will be uninterrupted, timely, secure or error-free, or that defects in this application will be corrected. We make no warranty as to the results that may be obtained from the use of this Application or as to the accuracy or reliability of any information obtained through this Application. No advice or information, oral or written, obtained by you through this application from us or our subsidiaries / other affiliated companies shall create any warranty. We disclaim any equitable compensation.
21. GENERAL INFORMATION AND LIMITATION OF LIABILITY
21.1.The Application and content are provided on an “as is” basis without any representations or warranties of any kind.
21.2. The buyer and creator acknowledges that they use the application or content at their own risk.
21.3."BEHYPE" makes no representations, warranties or guarantees regarding the truthfulness, quality, accuracy, reliability, completeness, currency, or timeliness of the application or content.
21.4. The application and content may contain errors, omissions and inaccuracies. "BEHYPE" is not responsible for any errors, omissions or inaccuracies in the application or content.
21.5.Behype makes no warranties regarding any particular buyer or creator.
21.6.To the fullest extent permitted by applicable law, BEHYPE disclaims all warranties, representations and conditions of any kind, express or implied, including, without limitation, implied warranties and conditions of fitness for a particular purpose and non-infringement of intellectual property rights with respect to the application and content, and that the application or content will operate error-free or uninterrupted.
21.7. Under no circumstances will BEHYPE be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal warranty, for damages of any kind (including, without limitation, direct, incidental, consequential, special, punitive or exemplary damages, loss of profits, loss of use, loss of data, personal injury, fines, fees or other liabilities), regardless of whether BEHYPE is advised of the possibility of such damages, arising out of or in connection with the use of, or the inability to use, the application or content or any task.
21.7. Buyers and creators are independent individuals or legal entities and are not contractors, agents or employees of "BEHYPE".
21.8."BEHYPE" is not responsible for the actions, errors, omissions, violations or negligence of any of the buyers and creators, or for any personal injury, death, damage or other loss incurred as a result thereof, and does not assume any liability related to the task.
21.9. Provided that the above limitations do not apply, under no circumstances will the aggregate liability of "BEHYPE" in connection with or in accordance with these terms of use, including the assignment, or use of or inability to use the application or content, or any other claim regarding the rules or the ability to use the application or content, exceed 40,000 (forty thousand) tenge. For greater certainty, the existence of one or more claims under these terms of use will not increase the maximum limit of liability.
22. COMPENSATION FOR DAMAGES
22.1. The Buyer and the Creator undertake to defend and hold harmless "BEHYPE" and all of its officers, directors, employees and agents from any claims, actions, demands, compensation, losses, damages, fines, penalties or other expenses of any kind or nature, including but not limited to reasonable legal and financial costs, arising out of or related to:
(a) the breach by Buyer and Creator of any of the warranties, representations or obligations under these Rules or other agreements referred to herein;
(b) violation of the norms of the legislation of the Republic of Kazakhstan or the rights of third parties (including rights to intellectual property);
(c) the use of the Application by the Buyer and the Creator;
(d) a breach or failure by Buyer and Creator, or any third party acting on behalf of Buyer and Creator or with the permission of Buyer and Creator, to perform any Task; or
(d) the use by the Buyer and the Creator, or any third party acting on behalf of the Buyer and the Creator or with the permission of the Buyer and the Creator, of any media content created by the Buyer and the Creator or third parties in accordance with the Task.
22.2. "BEHYPE" has the right to demand, and the Buyer and the Creator are obliged to compensate for all damages, including lost profits and legal costs, caused to "BEHYPE" as a result of the actions of the Buyer and the Creator specified in the Terms of Use.
23. DISPUTES AND GOVERNING LEGISLATION
23.1. When resolving all disputes under these Rules, the current legislation of the Republic of Kazakhstan shall apply.
23.2. Given that access to the Application is provided to the Buyer and the Creator free of charge within the framework of these Rules, the provisions of the Law "On the Protection of Consumer Rights" do not apply to the relationship between the Buyer and the Creator and "BEHYPE".
23.3. Any violation or failure to comply with these Rules shall entail the application by "BEHYPE" of sanctions provided for by the Rules and/or the current administrative, criminal or civil legislation of the country in which the actions within the Application are carried out.
23.4. Appeals, proposals and claims from individuals and legal entities to "BEHYPE" in connection with these Rules and all issues related to the functioning of the Application, violation of the rights and interests of third parties when using it, as well as for requests from persons authorized by the legislation of the Republic of Kazakhstan, can be sent by e-mail to the address: legal@"BEHYPE".io.
23.5. All disputes arising within the framework of these Rules must be referred to the court in accordance with the territorial jurisdiction at the location of "BEHYPE" (Almaty).
23.6. Recognition of individual parts of these Rules as invalid does not cancel the effect of other provisions of these Rules.
24. ENTIRE AGREEMENT, WAIVER AND EXCLUSIONS
24.1.These Rules constitute the entire agreement between "BEHYPE" and the Buyer and the Creator regarding the subject matter of this agreement, and this agreement supersedes all previous agreements and understandings between the Buyer and the Creator and "BEHYPE", both oral and written, regarding the Application.
24.2. A printed version of these Rules and of any notice filed in electronic form shall be admissible in judicial or administrative proceedings in accordance with these Rules to the same extent and under the same conditions as other documents and records created and used in printed form.
25. FEEDBACK.
25.1. Any communications you send to Us (e.g. comments, questions, suggestions, materials - collectively "Feedback") by any means (e.g. phone, fax, email) will be treated as non-confidential and non-proprietary. Except where prohibited by applicable law, you hereby assign all right, title and interest in and to, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including, without limitation, developing, manufacturing, producing, licensing, marketing and selling, directly or indirectly, products and services using such Feedback. If the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, perpetual, transferable, worldwide, royalty-free, fully paid license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion. Notwithstanding the foregoing, You understand and agree that We are under no obligation to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction or distribution.
TO CONTACT US
Phone: +77474465625
Email: legal@BEHYPE.io
LLP "BEHYPE"
BIN 210640023172
