Hypeling Brand Terms
Effective date: November 1, 2026
These Brand Terms are between Teqqed BV, a company registered in the Netherlands under KvK number 86839195, located at Van Kleffenslaan 5, Unit 5, 8442 CW Heerenveen, the Netherlands ("Hypeling", "we", "us"), and the business that uses Hypeling as a brand ("Brand", "you"). They add to the Hypeling Terms of Service. Capitalized terms not defined here have the meaning given in the Terms of Service.
An order form, or a written confirmation we both agree to by email, may set the plan, fees, waivers and start date for your account (an "Order"). If documents conflict, the Order controls first, then these Brand Terms, then the Terms of Service.
1. Services
1.1 Pilot service. During the pilot, Hypeling works with you hands-on. After a call with you, we set up Campaigns, collect Proposals from Creators, and send them to you by email or through the Platform. You accept or decline each Proposal. Some steps may be handled manually.
1.2 Self-serve Platform. You post Campaigns on the Platform, receive Proposals, and accept or decline them.
1.3 Managed Plan. Hypeling writes the brief and selects and accepts Proposals on your behalf, within the budget, deliverables and guidelines you approve. You authorize Hypeling to accept Proposals for you within those limits, and Proposals we accept bind you as if you had accepted them yourself. We will share each brief with you before it goes live, and you must confirm the product facts and approved claim wording.
2. Campaigns
2.1 Each Campaign states the product, goals, deliverables, budget range and usage rights.
2.2 Each Campaign states upfront that the footage may be edited, clipped, cut into shorter versions and reused. Creators price this into their Proposals.
2.3 The budget range is guidance. Creators set their own prices, and you do not have to accept any Proposal.
2.4 You are responsible for the accuracy of your Campaigns, product information and approved claim wording. You must not ask Creators to do anything unlawful.
3. Accepting Proposals
3.1 When you accept a Proposal (or we accept it for you on the Managed Plan), a Campaign Agreement forms between you and the Creator. It is made up of the Campaign, the accepted Proposal, and the relevant parts of these Brand Terms and the Creator Agreement. Acceptance is a binding commitment to pay.
3.2 Creators are independent contractors, not Hypeling's employees or agents.
4. Fees and payment
4.1 What you pay on acceptance. When a Proposal is accepted, you pay upfront:
- the Creator's Proposal price;
- payment processing costs, including card, currency conversion and payout fees, passed through at cost; and
- Hypeling's platform fee: the fee stated in your Order or on the Platform, currently 10% of the Proposal price.
4.2 Pilot waiver. During the pilot, Hypeling may waive the platform fee. Any waiver is stated in your Order and applies only for the period stated there.
4.3 Managed Plan fee. The Managed Plan costs 20% of the campaign budget set in your Order, with a minimum of USD 1,500 per month and a minimum term of 3 months. The Managed Plan fee replaces the Platform Fee: no Platform Fee is charged on proposals accepted under a Managed Plan. We invoice the Managed Plan fee monthly in advance, and invoices are due within 14 days.
4.4 How payment is collected and held. Payments run through Stripe, using Stripe Connect. Stripe collects your payment upfront and holds it until it is released. Hypeling instructs Stripe when to release it. Hypeling is not a bank or a licensed escrow agent. Your payments are also subject to Stripe's terms.
4.5 Release. We instruct release to the Creator once the Content is approved, by you or because your 48-hour review window passed without a response (Section 5.2). If the Proposal includes posting on the Creator's own accounts, we also wait until the post is live and you have had 48 hours from our notice that it is live to flag a problem, unless you confirm it sooner (Section 5.6). Nothing is released while a dispute is open (Section 5.5).
4.6 Refunds. If a Creator does not deliver, you are refunded the Proposal price and the platform fee for that Proposal. Other refunds are made only under a dispute decision (Section 5.5). Managed Plan fees are non-refundable except where the law or your Order says otherwise.
4.7 Taxes. All amounts are in US dollars and exclude taxes. You pay any applicable taxes, except taxes on Hypeling's income.
4.8 Chargebacks. If you dispute a charge with your card issuer for an amount payable under these Terms, you remain liable to Hypeling for that amount and any related fees.
5. Content review
5.1 Your review. Creators send Content to you through Hypeling, as a link, before posting. Hypeling does not check Content for legal compliance. Reviewing it, including the disclosure and your product claims, is your responsibility.
5.2 48-hour review window. You have 48 hours from when we notify you that Content is ready to approve or reject it. If you do nothing within 48 hours, the Content counts as approved and payment can be released.
5.3 Valid reasons to reject. You may reject Content only for:
- a material mismatch with the accepted Proposal or the Campaign; or
- a compliance problem, such as a missing disclosure, an unapproved or prohibited claim, unlicensed music, or unlabeled AI-generated content.
You may not reject Content for personal taste or to request changes outside the accepted Proposal. You must explain the specific reason for any rejection.
5.4 Revisions. After a valid rejection, the Creator may fix and resubmit the Content. A new 48-hour window starts for each resubmission.
5.5 Disputes. If you and a Creator disagree, either of you can ask Hypeling to decide. We review the Campaign, the Proposal, the Content and your messages, and decide whether to release payment, refund you, split the payment, or require specific edits. While a dispute is open, approval and release are paused. Our decision is final for the purpose of releasing or refunding payment, but it does not take away your legal rights against the Creator. On the Managed Plan, we decide disputes by applying the Campaign and Proposal as written.
5.6 After approval. Where the Proposal includes posting, the Creator posts the Content on their own social media accounts and submits the post link. We tell you when the post is live and track its public views, likes and comments where the platform shares them. You then have 48 hours to flag a problem with the post, such as a missing disclosure or a post that does not match the approved Content; if you don't, payment is released. The Creator keeps the approved Content files available to you through the link they sent, or sends them to you directly, for the licensed uses.
6. Your responsibilities
6.1 Your products. You are solely responsible for your products, including their safety, formulation, labeling, and compliance with FDA rules and other laws, and for all product claims.
6.2 Approved claims. Approved claim wording comes from you. You provide it in writing, and you confirm that it is lawful and that you can substantiate it. SPF and sun protection claims may only be made using wording you supply.
6.3 Shipping. You ship products directly to Creators, at your own cost, in time for the Campaign timeline. You use Creators' shipping addresses only for this purpose.
6.4 Your own use of Content. When you repost Content or run it as an ad, you keep the disclosure intact and follow the FTC Endorsement Guides, the FTC rule on fake reviews and testimonials, and each platform's ad policies. You must not edit Content to add claims the Creator did not make, change its meaning, or suggest the Creator endorses other products.
6.5 What you must not ask for. You must not ask Creators to hide the paid relationship, make drug claims or claims you have not approved, post fake reviews or testimonials, buy engagement, or use AI to create a fake person or fake results.
7. Usage rights
7.1 Default license. Unless the Campaign says otherwise, once you have paid, the Creator grants you a non-exclusive, worldwide license for 12 months, starting on the date the Content is approved, for organic use and paid ads (including TikTok Spark Ads and Meta partnership ads). It includes the right to edit, cut, reformat, add captions and translate, and to use the Creator's name and likeness as they appear in the Content.
7.2 Ownership. The Creator keeps ownership of the Content and may use it in their portfolio.
7.3 When the license ends. You must stop running paid ads with the Content and stop new uses.
7.4 Other uses. A longer term, exclusivity, or uses outside the license need a separate agreement with the Creator, arranged through Hypeling.
7.5 Hypeling showcase. Hypeling may showcase Campaign Content and your brand name on its website, social channels and sales materials only with your permission. You can give or withdraw permission by email.
7.6 Your materials. You give Hypeling and the Creators a limited license to use your trademarks, logos, product images and brief materials as needed to carry out your Campaigns.
8. Non-circumvention
8.1 For 12 months after a Creator was introduced to you through Hypeling, or after your last Campaign with that Creator ends, whichever is later, you will not engage that Creator for paid content or promotion outside Hypeling, either directly or through another agency or platform.
8.2 A Creator is "introduced through Hypeling" if they sent you a Proposal, or if we shared their profile or Proposal with you.
8.3 If you do engage a Creator outside Hypeling during this period, you will pay Hypeling a fee of [NON-CIRCUMVENTION FEE].
8.4 This section does not apply to Creators you had a documented working relationship with before Hypeling introduced them.
8.5 If you want to work with a Creator outside Hypeling, talk to us first.
9. Confidentiality
Each party will keep the other's non-public information confidential and use it only for the Services. This does not cover information that is public, already known, independently developed, or required by law to be disclosed. This duty lasts for 2 years after these Brand Terms end.
10. Data protection
10.1 Hypeling and you each act as an independent controller of the personal data you receive through Hypeling.
10.2 You may use Creator personal data, such as names, shipping addresses and statistics, only to carry out the Campaign. You must keep it secure, follow applicable privacy laws, and delete shipping addresses once you no longer need them.
10.3 Hypeling handles personal data as described in its Privacy Policy.
11. Term, termination and suspension
11.1 Pilot and self-serve. These Brand Terms apply while you use the Services. Either party may end them by email notice.
11.2 Managed Plan. The Managed Plan runs for a minimum of 3 months from the start date in your Order. After that, it continues month to month until either party gives 30 days' written notice. If you end it during the minimum term, you still owe the fees for the rest of the minimum term, unless you end it because Hypeling materially breached these Terms and did not fix the breach within 30 days of your notice.
11.3 Breach. Either party may end these Brand Terms if the other materially breaches them and does not fix the breach within 14 days of notice, or becomes insolvent.
11.4 Suspension. We may suspend your account for fraud, non-payment, chargebacks, requests for unlawful content, or a breach of Section 6 or 8.
11.5 Effect of ending. Accepted Campaigns continue to completion unless we agree otherwise, or Hypeling cancels them and refunds you under Section 4. Unpaid fees become due. Licenses for Content you paid for continue for their term. Sections 4.6 to 4.8, 7, 8, 9, 10, 12, 13 and 14 survive.
12. Warranties and disclaimers
12.1 Hypeling will provide the Services with reasonable care and skill.
12.2 Hypeling does not guarantee results, views, sales, the number of Proposals, or that any Creator will deliver. If a Creator does not deliver, your remedy is the refund described in Section 4.6.
12.3 You confirm that you have authority to agree to these Terms, that your products, claims and materials are lawful, and that your materials do not infringe anyone's rights.
13. Limitation of liability
13.1 To the extent the law allows, neither party is liable for indirect or consequential losses, lost profits or reputational harm.
13.2 Hypeling's total liability to you is limited to the fees you paid to Hypeling under these Brand Terms in the 12 months before the event giving rise to the claim. This means platform fees and Managed Plan fees, not Creator payments or payment processing costs.
13.3 These limits do not apply to your payment obligations, your indemnity obligations, the non-circumvention fee, fraud, intentional misconduct, gross negligence, or anything else that cannot be limited by law.
14. Indemnity
14.1 You will defend and compensate Hypeling, and the Creators who worked on your Campaigns, against third-party claims and related losses and reasonable legal costs arising from: your products, including injury, safety and labeling claims; your product claims and approved wording; your use of Content beyond the license; your materials; or your breach of these Terms or the law.
14.2 Hypeling will defend and compensate you against third-party claims that the Platform itself, excluding Content and your materials, infringes their intellectual property rights.
15. General
15.1 We may update these Brand Terms. If a change is material, we will tell you at least 30 days before it takes effect. Changes do not affect fees under an Order during its current term, or Campaigns already accepted.
15.2 These Brand Terms are governed by the laws of the Netherlands. Disputes will be resolved by the courts of the Northern Netherlands (Rechtbank Noord-Nederland).
15.3 Neither party may transfer these Brand Terms without the other's consent, except as part of a merger, acquisition or sale of assets.
15.4 Notices go to the email address on your account, or to us at tim@teqqed.com. Orders may be signed electronically.