1. Scope and Amendment of the General Terms and Conditions
1.1 These General Terms and Conditions shall govern all transactions and the legal
relationship between Hypest Hive e.U., Dürndorfergasse 24, A-2460 Bruck an der Leitha, Austria,
registered with the Regional Court (Landesgericht) [TBA] under FN [TBA] (Hypest Hive),
and any person, who offers to create promotional online media content on websites including,
but not limited to YouTube, Twitch, Vine, or Tumblr (Influencer).
The legal provisions for entrepreneurs shall apply, insofar as the application of the Consumer
Protection Law (Konsumentenschutzgesetz) is not mandatory.
to all transactions and legal relationships between Hypest Hive and Influencer.
1.3 Hypest Hive expressly intends to enter into any agreement solely on the basis of the Terms
of Use under exclusion of other contract forms / general terms and conditions. Should, as an exception,
1.4 By accessing and using the platform of Hypest Hive,
hypesthive.com (Platform), Influencer declares to have read and
fully understood and therefore agrees to all terms, conditions, guidelines and methods published from
time to time by Hypest Hive in the absence of which Influencer is not entitled to use or access the
notifications, correspondences and statements.
version is available at
Influencer declares to agree to such updates, in the absence of which Hypest Hive is entitled to exclude
Influencer from access and use of the Platform.
2. Description of the Platform
2.1 The Platform is a promotion and advertising web portal in the gaming community. Hypest Hive
enables suppliers (Suppliers) who want to promote certain goods or services (Product) to publish or
distribute their offers for digital advertisement (Offer) in the course of an advertising campaign
(Campaign) with certain specifications (Specifications).
2.2 Hypest Hive is neither an intermediary nor broker, but solely provides access to the Platform.
Hypest Hive is not responsible for the Offer, the Specifications, any game for which a user shall receive a
game key (Key) if buying a Product on the platform specified by Supplier and/ or the proper fulfillment of
any agreement between the Supplier and Influencer, or between Supplier and any user buying such Product.
3. Services of the Platform
3.1 Hypest Hive grants Influencer hereby a personal, non-exclusive, non-transferable,
non-sublicenseable and revocable right for the use of its account on the Platform (Account).
3.2 Influencer may access the Offers on the Platform. Influencer can accept an Offer through the
Account. If Influencer accepts such Offer, Influencer shall produce a video (Video) according to the
Specifications within the time frame as specified in such Offer. The Video shall also include a prominent
mention of the Key the user receives when purchasing a promoted Product on the platform specified by
Supplier, as set out in the Specifications of such Offer.
3.3 After the production of the Video, Influencer shall pre-upload (make the Video available only to
Hypest Hive) the Video to the platforms specified in the Offer, and shall inform Hypest Hive of the
pre-upload. Hypest Hive will review the Video according to the Specifications within 5 days. Only in case
of Hypest Hive's approval, Influencer shall publish the Video to the public without delay. Hypest Hive may
reject a Video without explanation in which case Influencer shall not receive any remuneration according to
3.4 Influencer explicitly agrees that Hypest Hive sends Offers to Influencer via email from time to
time, which Influencer can accept only via the Account.
3.5 Hypest Hive reserves the right to change any information, material or content (including, but not
limited to, features, availability of Offers) contained on or provided through the Platform anytime without
3.6 Hypest Hive is not obliged to provide additional services. In particular, Influencer is not
entitled to any modifications or changes of the Platform or the Offer.
3.7 Hypest Hive reserves the right to fully or partly extend or improve the organization of the
Platform in its sole discretion without prior notice or prior approval of Influencer. Hypest Hive will
endeavor to avoid substantial impairments for the use of the Platform, but cannot guarantee that there will
not be temporary interruptions or interferences due to such amendments.
3.8 Hypest Hive also reserves the right to fully or partly cease to operate the Platform, or to
exclude Influencers from access and use of the Platform in its sole discretion without prior notice or prior
approval of Influencer, especially, but not limited to, if Hypest Hive receives negative feedback on
4. Registration, Account and Security
4.1 The agreement regarding the use of the Platform between Influencer and Hypest Hive is concluded
can only use the Platform via an Account.
4.2 Influencer is only entitled to one Account. If more Accounts are found to be associated with an
Influencer, Hypest Hive entitled to deactivate such Accounts without any prior notice.
4.3 Influencer receives a confirmation of the registration with an email generated by Hypest Hive
automatically. Hypest Hive activates the account manually. However, Hypest Hive reserves the right to reject
registrations without explanation.
4.4 When registering or contacting Hypest Hive, Influencer is obliged to state true, exact, current
and complete details about Influencer's - natural or legal - person and also to update such data regularly
and promptly within the Account. These data include in particular the name, business name, corporate form,
commercial register number, address, telephone number, email address, the name of contact persons, and the
details on the bank account of Influencer, on which Hypest Hive can pay the remuneration to Influencer
according to Clause 7. Upon request by Hypest Hive, Influencer shall provide all information Hypest Hive
considers necessary for the use of the Platform, and shall cooperate with Hypest Hive in all matters
relating to the Platform.
4.5 Influencer is responsible for observing the privacy of its access data to its Account, and is
liable for all activities in connection with such Account. Influencer is obliged to (a) inform Hypest Hive
immediately of any use of its Account which has not been approved, and of any other security breach and (b)
ensure to log out from its Account at the end of every session. If any unauthorized use of the Account by a
third person occurs, Influencer shall inform Hypest Hive immediately. Hypest Hive does not assume any
liability for any losses, damages or other liability claims, which result from a breach of the obligations
in this Clause 4 or an unauthorized access to or use of the Account.
5. Agreements between Influencer and Supplier
5.1 The Platform permits Influencer to view and accept the Offers. If Influencer accepts an Offer
through the Platform, Influencer enters into a separate agreement with the Supplier of the Product mentioned
in the Offer.
5.2 Hypest Hive is not a party to, and does not have any direct or indirect influence on the
contractual relationship between Supplier and Influencer, and is not responsible for (a) the execution of
the agreement, (b) the correctness, completeness or validity of the Offer and Specifications, (c) the Video,
Product, game and Key (d) the success of the Campaign, (e) false or incomplete information of Supplier, or
(f) any other disputes, claims, costs, damages or expenses in connection with such relationship.
5.3 No rights arise (i) for Supplier from any agreement between Influencer and Hypest Hive, and (ii)
for Influencers from any agreement between Supplier and Hypest Hive (no effect to the benefit of third
6. Obligations of Influencer
6.1 Influencer shall produce the Video according to the Offer and shall adhere to the procedure as
described in Clauses 3.2 et seq.
6.2 Influencer is responsible for all content provided by Influencer to Hypest Hive in any form
6.3 Influencer guarantees, that all provided information and content
6.3.1 is neither false, inaccurate or misleading;
6.3.2 is neither false, inaccurate or misleading;
6.3.3 does not breach any laws, provisions, regulations or terms; and
6.3.4 does not contain any viruses or programs which cause damage, impede or intercept information,
data and personal information or use such data illegally.
6.4 Influencer is not entitled to use the Platform to break any applicable (domestic or foreign) laws
or regulations intentionally or negligently.
6.5 Influencer is obliged to refrain from any action which may damage any of the Platform's features.
Furthermore, Influencer shall be responsible to use the Platform in a way that fulfills all legal
requirements (domestic and foreign requirements) at federal, state and local level.
7. Remuneration, Payment
7.1 Influencer shall receive such remuneration as specified in the respective Offer, if Influencer
uploads a Video according to Clauses 3.2 et seq. The remuneration depends on the views of the Video, if
Influencer has met all Specifications, and if the Video has been approved by Hypest Hive according to Clause
7.2 Hypest Hive shall pay the remuneration to Influencer only within 3 weeks after Hypest Hive
receives the payment for the Campaign from Supplier.
7.3 All quoted prices and fees and all payments to Influencer shall not include VAT and additional
applicable taxes, fees and charges, as the case may be.
7.4 Influencer is not entitled to set off any counterclaims or alleged price reduction claims, unless
the claim is finally determined by court, or if Hypest Hive acknowledges such claim expressly in writing
7.5 Objections against payments shall be raised by Influencer within 10 Austrian bank working days in
writing; otherwise the payment shall be deemed approved.
8. Limitation of Liability, Indemnification against Claims, and Litigation
8.1 Influencer understands and expressly agrees that he uses the Platform at its own risk and Hypest
Hive does not warrant a condition of any kind. Hypest Hive assumes especially no warranty for the offers by
8.2 Any liability of Hypest Hive and of persons attributable to Hypest Hive is excluded to the
maximum legally permitted for all damages whatsoever, including but without limitation, (a) direct and
indirect damages, (b) material and intangible damages, (c) consequential losses, (d) loss of profit, (e)
damages of the business for circumstances which are not in the sphere or control of Hypest Hive.
8.3 Hypest Hive does not assume any liability for any Offer, or of any Specification contained in
8.4 Should Hypest Hive be liable under mandatory law, Influencer shall have a duty to prove Hypest
Hive’s fault, if any, or the fault of a person attributable to Hypest Hive, if any. The parties agree that §
1298 Austrian Civil Code (Allgmeines Bürgerliches Gesetzbuch – ABGB) is excluded.
8.5 Hypest Hive is not responsible for the Offers, Products, Videos, Keys other services, content,
links, inserts, notifications and other actions or omissions of Influencer, Supplier, Key provider, or any
other third party in connection with the Platform.
8.6 Influencer is obliged to indemnify and hold harmless Hypest Hive, its directors and employees,
for any and all claims for damages, regardless if they concern direct, indirect, consequential or other
damages, losses, liability claims, costs, expenses and claims of third parties in any form whatsoever, known
or unknown, which result out of or relate to disputes in conjunction with the Platform in the broadest
sense. This obligation also includes the complete compensation for all court fees and legal fees of Hypest
Hive in this context.
8.7 Hypest Hive does not assume any liability for damages, which result from a breach of the
registration obligations and/or an unauthorized use of the Account. All statements and notifications which
were delivered using of the access data are regarded on behalf of and against the Account holder.
8.8 Influencer waives its right to appeal and modify the Agreement on the grounds of error as well as
8.9 Claims for damages must be legally asserted, regardless of knowledge, within six months from the
time at which the damage occurs or otherwise shall be forfeited.
9.1 All information made available by Influencer or which is collected by Hypest Hive in conjunction
9.2 Influencer explicitly agrees that Hypest Hive is entitled to process Influencer’s data relating
to the use of the Platform. Influencer can revoke this approval in writing at any time (email suffices).
9.3 Unless provided by law, Hypest Hive will not forward any data to a third party as long as
Influencer does not render its explicit approval.
9.4 Influencer explicitly agrees to the receipt of emails by Hypest Hive with information about
Offers and / or the Platform. Influencer can revoke this approval anytime by email.
10.1 Hypest Hive pursues complaints of users or Suppliers on Influencer and breaches against the
to disclose all required information.
measures in its own discretion, including, but without limitation to, giving a warning notice, temporary or
permanent denial or restriction of the use of the Platform, as well as blocking or deletion of the Account.
10.3 If the use of the Platform is impaired temporarily or permanently, partially or completely,
because of any activities or omissions of Influencer or persons attributable to Influencer, Hypest Hive is
not responsible for any impairments or direct or indirect costs.
10.4 Influencer shall bear all damages, costs, losses or expenses, direct, indirect, consequential or
11. Intellectual Property
11.1 Hypest Hive is and remains sole owner and beneficiary of its patents, trademarks, designs,
copyrights and other intellectual property. All logos, trademarks and designs are registered or used
trademarks of Hypest Hive.
11.2 The offer of access and use of the Platform does not grant any explicit or implied right or
license for the use of trademarks, logos, or designs. Any use of such rights requires the explicit written
consent of Hypest Hive.
12. Governing Law and Jurisdiction
to the exclusive jurisdiction of the courts of Vienna.
13.1 Notifications to Influencer can be sent via email or via ordinary mail to the last address known
by Hypest Hive. Notifications of Influencer to Hypest Hive must be in writing to the business address of
Hypest Hive as stated in Clause 1.1. Influencer must inform Hypest Hive about changes of name, business
name, address, legal form or any other relevant information without delay in writing (email suffices). If
Influencer fails to comply, documents sent to the last address known by Hypest Hive, or the name last known
by Hypest Hive, shall be deemed as received by Influencer.
construed as explicit or implied waiver thereof.
after the termination of the contractual relationship with Hypest Hive, continue to exist, especially all
limitations of liability, exemption rights, compensation obligations, exclusion of warranty and protection
provisions for intellectual property, and licenses.
shall have no legal effect.
13.5 The invalidity or unenforceability of one or more, or parts, of terms or provisions of the Terms
The parties shall reach a valid and enforceable agreement to replace the invalid or unenforceable provision
by a valid and enforceable term or provision corresponding as closely as possible to the purpose of the
invalid or unenforceable provision.
To Hypest Hive, your privacy is very important.
use, disclose, share, process and save data. Please take a moment to read this
Policy to ensure you are aware of our practice regarding the protection of your personal rights,
and let us know if you have questions.
1. Scope and Consent
and transfer of direct, indirect, personal and non–personal data during the use of
the services by Influencers, Suppliers, and other users (User).
for all offered Hypest Hive services with all Users shall apply together with any further
and legal relations
between Hypest Hive and User, especially for the use of the Platform as specified in
any General Terms and Conditions of Hypest Hive, and services of Hypest Hive (together, Service).
1.3 For the avoidance of doubt, Hypest Hive declares that if a User is neither a Supplier,
relationship between Hypest Hive and User without any additional agreement.
1.4 By accessing and using any Service, either via the website
hypesthive.com or via another service,
The latest version is available at:
With the further use of Services, User declares to agree to the amendments.
User from access and use of the Services.
Conditions for the respective User shall apply.
1.7 Hypest Hive points out and User agrees by the use of the Services,
that Hypest Hive does not use any physical server, but
Heroku Cloud Application Platform.
Therefore data is saved on the Heroku servers in US and EU.
Information and the General Terms and Conditions of the Heroku Cloud Application Platform
are available here: Heroku Terms of Service.
2. Collection and Use of Personal Data
2.1 Personal data are data, which can be used to identify a specific person,
or to contact a specific person.
2.2 When User contacts Hypest Hive, User might be asked to submit personal data.
Hypest Hive is also entitled to connect such data with other information to offer or improve
services of Hypest Hive. User is not obliged to indicate the requested personal data.
In this case it is possible, that User cannot use services of Hypest Hive.
2.3 If User creates an Account, or if User contacts Hypest Hive, Hypest Hive may collect
the following data: name, firm, VAT number, address, telephone number, email address,
information on the preferred way to get into contact.
2.4 Personal data enable Hypest Hive to
- contact User to process the services and to contact User with regards to questions in this regard
- contact User for specific purposes, if such data is transmitted by User to Hypest Hive (e.g. contacting
User via the last email address used by User for its inquiries)
- send notices to process the Services
- inform on the newest updates, amendments and improvements of Hypest Hive. If User does not want to be on
this mailing list, User can cancel it with the change of his account settings anytime
- create, develop, prepare, provide, and improve goods and services of Hypest Hive
- check the identity of User
- use such information for in-house purposes as accounting, data analysis, becoming more familiar with the
users’ needs, administrating of user accounts, development of additional features, statistics and
processing of users’ requests and research, to improve the services of Hypest Hive and the communication
information is important for the relationship to Hypest Hive, it might not be possible to refuse to
receive such information for keeping up the relationship to Hypest Hive.
3. Collection and Use of Non-Personal Data
3.1 Hypest Hive also collects data which do not provide a direct reference to a certain person
if taken alone. Hypest Hive may collect, use, transmit and disclose non–personal data for any purpose.
Some examples and the use of non-personal data collected by Hypest Hive are set out below:
- Hypest Hive collects data such as the language, individual device identification characteristics,
type of browser, operating system, forwarding URL as well as place and time zone, in which
Hypest Hive´s website and services are used, and the duration of use. This enables Hypest Hive
to better understand user behavior and to improve Hypest Hive´s services.
- Hypest Hive may collect information on User activities such as usage frequency of Hypest Hive’s
website or the duration of the log-ins. Such data are aggregated, and used as a tool to provide
useful information to users of the website, and to understand, which parts of Hypest Hive’s
services are most interesting for users. Such aggregated data are treated as non-personal
- Hypest Hive collects and saves, if necessary, further details about the use of the Services.
In principle such information won´t be related to the user IP address, except in a limited
amount to secure the quality of the Services provided via internet.
- User expressly agrees that Hypest Hive collects data about User’s device using the website of
Hypest Hive to support the improvement of the services of Hypest Hive.
3.2 If non-personal data are linked to personal data, such data are treated as personal data
as long as they remain linked together.
4. Cookies and Other Technologies
including but without limitation on content sharing cookies, session cookies, third-party cookies
(like Google Analytics, Mixpanel), flash cookies, pixel tags
(also known as transparent GIF file or web-beacon), web storage (also known as HTML5 storage),
and further similar technologies (together, Cookies). The storage and use of the data,
5. General Analytics Tools
Hypest Hive's website uses general Analytics-Tools like Google Analytics, a web analysis service
of Google Inc. (Google). Google Analytics uses also Cookies (these tools together, Analytics Tools).
More information and the general terms and conditions of Google Analytics may be found here:
https://www.google.com/analytics/terms/de.html. User expressly agrees to the use by using the website
of Hypest Hive. The Analytics Tools use so called cookies, which are text files stored on the
computer of User. They enable the analysis of User's use of the website. The information about the
website's use generated by the cookie are usually transferred to a server of Google in the US and
are stored there. In case IP-anonymization is activated on this website, User’s IP address will be
shortened within the area of member states of the European Union or the European Economic Area.
Only in exceptional cases the whole IP address will be first transferred to a Google server in
the USA and shortened there. Google will use this information on behalf of Hypest Hive for the
purpose of evaluating User’s use of the website, compiling reports on website activity for
Hypest Hive and providing other services relating to website activity and internet usage.
The IP-address that User’s browser conveys within the scope of Google Analytics, will not be
the appropriate settings on user’s browser. Hypest Hive points out that, if User does this,
user may not be able to use the full functionality of this web site.
6. Disclosure of Data
6.1 Hypest Hive treats the direct and indirect personal and non-personal data of its users with great
and will not sell such data to any third party.
6.2 User expressly acknowledges the disclosure and forwarding of such data to the following third
- Legal successors or right holders of Hypest Hive or essential components, including,
without limitation to, the contribution (Einbringung) of Hypest Hive or of its material
assets into another limited liability company,
the sale or acquisition of corporations, companies, business units and assets.
- Subsidiaries and associated companies of Hypest Hive, which assumes this website with all
- Representatives, advisors, and affiliated third parties which are contracted by Hypest Hive for
business related purposes (e.g. maintenance of databases, payment processing)
- Authorities, courts, or other public institutions, if this is necessary to
(i) comply with statutory obligations,
(ii) protect or defend Hypest Hive’s rights, interests and (intellectual) property;
(iv) obtain temporary injunctions for the protection of the person-related
security of User or of the public, or
(v) preserve Hypest Hive for any liability claims.
6.3 Hypest Hive is entitled to disclose and transfer personal data and non-personal data to third
parties, if this is indicated towards User separately, and if User acknowledges this explicitly.
6.4 User is entitled to revoke such consent in writing towards Hypest Hive at any time and without
7. Protection of Personal Data
Hypest Hive protects personal data of User during transmission with encryption processes.
If the personal data is saved by Hypest Hive, Hypest Hive uses computer systems in institutions,
where the access is limited by physical security measures. If storage media of third providers are used,
the data are saved in encrypted form.
8. Integrity and Storage of Personal Data
Hypest Hive keeps personal data as long as necessary to fulfill the purposes as set out in this
9. Information about Personal Data
User can help to ensure, that its contact data and settings are correct, complete and current,
by logging in in its account. With the log in, User can demand the correction of incorrect data
or the deletion of the data, if Hypest Hive is not obliged for the storage by the law or by appropriate
business purposes. Hypest Hive is entitled to refuse to process requests, if an exchange of information
is not provided by the respective legal system.
10. Websites and Services of Third Parties
The services of Hypest Hive can contain links to websites, products and services of other enterprises.
Hypest Hive is not responsible for the content of these websites, products and services.
Hypest Hive recommends to inquire regarding their privacy policies.
data collected by Hypest Hive, which are not provided by User by using the Services
(e.g. unsolicited mailing).
11.2 Hypest Hive uses appropriate security standards to save the data of User,
and to minimize the risk of data loss or data abuse. Any liability of Hypest Hive and of
persons attributable to Hypest Hive towards User is excluded to the maximum legally permitted
for light and gross negligence for all damages whatsoever, including but without limitation to,
(a) direct and indirect damages, (b) material and intangible damages, (c) consequential damages,
(d) loss of profit, (e) costs of service-replacements, (f) damages due to business interruption,
(g) server outage, (h) data loss, and (i) damages of the business for circumstances which are not
in the sphere or control of Hypest Hive. User can correct false or outdated or incomplete data
in its Hypest Hive account anytime.