Hyume Terms of Use

These Terms apply to all users of the Service, including visitors, registered users, subscribers, institutions, employers, recruiters, universities, and enterprise customers.

By creating an account, accessing the Service, submitting content, or otherwise using the Service, you represent and warrant that:

• You have read and understood these Terms;
• You have the legal capacity to enter into a binding agreement;
• You will comply with these Terms and all applicable laws;
• All information you provide is accurate and complete.

For purposes of these Terms:

"User Content" means any information, text, responses, comments, votes, rankings, prompts, images, audio, video, profile information, metadata, or other content submitted, uploaded, generated, or transmitted by a user.

"Public Content" means User Content that is displayed publicly through the Service.

"AI Systems" means machine-learning systems, large language models, neural networks, recommendation systems, scoring algorithms, predictive models, and other automated analytical systems used by Hyume.

"Research Data" means data, analytics, benchmarks, trends, derived metrics, statistical outputs, and aggregated information generated from User Content or user activity.

"Institutional Customer" means any employer, recruiter, educational institution, university, government entity, nonprofit organization, or commercial enterprise using the Service.

You must be at least thirteen (13) years old to use the Service.

If you are under the age of majority in your jurisdiction, you represent that you have received permission from a parent or legal guardian.

The Service is intended primarily for users located in the United States.

Hyume reserves the right to refuse access to any person at any time for any lawful reason.

Certain features require registration.

You agree to:

• Provide accurate information;
• Maintain current account information;
• Protect your password and login credentials;
• Notify Hyume of unauthorized account activity;
• Accept responsibility for all activities occurring under your account.

Hyume may suspend or terminate accounts that contain inaccurate information, violate these Terms, or create risk for the Service or other users.

Users may select screen names that are available at the time of registration.

However, Hyume reserves the right to reject, modify, suspend, or remove usernames that:

• Impersonate another individual or entity;
• Violate intellectual property rights;
• Are misleading or deceptive;
• Contain hate speech, harassment, obscenity, or unlawful content;
• Suggest affiliation with Hyume without authorization;
• Interfere with operation of the Service.

Users do not acquire ownership rights in usernames.

You retain ownership of User Content you submit to the Service.

You represent and warrant that:

• You own or control all necessary rights to User Content;
• User Content does not infringe the rights of others;
• User Content complies with applicable law;
• User Content does not contain malicious code or unlawful material.

Hyume does not claim ownership of User Content. However, submission of User Content grants Hyume the licenses described below.

The Service is designed to facilitate public sharing and evaluation of creativity-related content.

You acknowledge and agree that:

• Responses may be publicly displayed;
• Responses may be associated with your screen name;
• Responses may be viewed by other users;
• Responses may be indexed by search engines;
• Responses may be quoted, ranked, voted upon, benchmarked, analyzed, or discussed through Service features.

Hyume does not guarantee removal of Public Content from search engines, archives, mirrors, third-party websites, or downstream systems.

By submitting User Content, you grant Hyume a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to host, store, copy, reproduce, display, publish, perform, modify, adapt, translate, distribute, analyze, process, create derivative works from, commercialize, and otherwise exploit such User Content for any lawful purpose related to operation, development, research, commercialization, promotion, improvement, or expansion of the Service.

This license survives account deletion, account suspension, account termination, withdrawal from the Service, and any termination of these Terms. To the maximum extent permitted by law, the foregoing license is irrevocable.

You acknowledge and agree that Hyume may use User Content, user activity, voting behavior, rankings, metadata, engagement signals, and related information to train machine-learning systems, train artificial intelligence models, fine-tune AI models, evaluate AI systems, validate AI systems, improve AI systems, develop proprietary algorithms, develop predictive models, create benchmark datasets, and create derivative analytical products.

Such use may continue indefinitely and may survive account deletion or termination.

You further acknowledge that AI-generated outputs may be inaccurate, incomplete, biased, offensive, or otherwise unsuitable for particular purposes. Hyume disclaims responsibility for decisions made based on AI-generated outputs.

Hyume may use User Content and user activity to generate Research Data. Hyume may publish research findings, benchmark reports, trend analyses, academic or commercial research, license research products, and commercialize aggregated analytics.

Hyume will not intentionally identify individual users by legal name in published research without separate consent. Nothing in these Terms limits Hyume's ability to use anonymized or aggregated information.

The Service may include voting systems, rankings, leaderboards, peer evaluation, community feedback, recommendation systems, and reputation systems.

Hyume does not guarantee the accuracy, fairness, objectivity, reliability, or consistency of any community-generated output. Hyume may remove, modify, reset, or disregard rankings, votes, or reputation metrics at any time.

The Service may be used by Institutional Customers, including employers, recruiters, educational institutions, scholarship programs, universities, nonprofit organizations, and other entities.

Hyume makes no representation that any assessment, ranking, benchmark, score, or output is suitable for admissions, hiring, promotion, recruiting, scholarship, employment, or educational decisions. Any such decisions remain solely the responsibility of the Institutional Customer.

Hyume shall not be liable for decisions made by Institutional Customers based on information obtained through the Service.

You agree not to:

• Violate any law;
• Infringe intellectual property rights;
• Harass or threaten others;
• Submit fraudulent content;
• Manipulate rankings or voting systems;
• Use bots to influence outcomes;
• Scrape or harvest content;
• Reverse engineer the Service;
• Circumvent security measures;
• Introduce malware;
• Interfere with operation of the Service.

Hyume may investigate and take action regarding suspected violations.

Except for User Content, all rights, title, and interest in the Service are owned by Hyume or its licensors. This includes software, algorithms, models, assessments, methodologies, databases, trademarks, logos, designs, documentation, and research products. No ownership rights are transferred to users.

Hyume respects intellectual property rights. If you believe content on the Service infringes your copyright, you may submit a notice containing:

• Identification of the copyrighted work;
• Identification of the allegedly infringing material;
• Contact information;
• A statement of good-faith belief;
• A statement under penalty of perjury that the information provided is accurate.

Hyume may remove allegedly infringing material, suspend repeat infringers, and comply with applicable copyright laws.

DMCA notices may be submitted to: info@hyume.com

Certain portions of the Service may be offered on a paid basis, including subscriptions, premium assessments, premium analytics, institutional services, recruiter products, enterprise products, educational offerings, certifications, reports, benchmarking tools, and other paid features ("Paid Services").

Hyume reserves the right to modify, suspend, discontinue, add, or remove Paid Services at any time. Access to Paid Services may be subject to additional terms, pricing schedules, service agreements, or order forms.

If you purchase a subscription, you authorize Hyume and its payment processors to charge all applicable fees to your selected payment method.

Unless otherwise stated, subscriptions automatically renew, charges occur at the beginning of each billing period, and renewal continues until canceled.

You are responsible for maintaining current payment information. Failure to pay may result in suspension or termination of access. Hyume reserves the right to change pricing upon reasonable advance notice. Continued use following a pricing change constitutes acceptance of the revised pricing.

Except where required by law, all fees paid to Hyume are non-refundable. Hyume may, in its sole discretion, provide refunds, credits, or other accommodations, but doing so in one instance does not obligate Hyume to do so in future instances. Institutional agreements may contain separate refund provisions.

The Service may incorporate or interact with third-party providers, including artificial intelligence providers, cloud hosting providers, payment processors, analytics providers, authentication providers, communication providers, advertising providers, and social media platforms.

Hyume does not control third-party services and is not responsible for their acts, omissions, content, security practices, availability, or performance. Your use of third-party services may be governed by separate terms and privacy policies.

Your use of the Service is subject to Hyume's Privacy Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall govern unless otherwise required by law.

The Service is provided for informational, educational, entertainment, research, and assessment purposes. The Service does not provide legal, medical, psychological, psychiatric, financial, educational placement, or career counseling advice.

No content, score, assessment, ranking, recommendation, benchmark, or AI-generated output should be interpreted as professional advice. Users should consult qualified professionals before making important decisions.

The Service may generate assessments, rankings, creativity scores, originality metrics, benchmarking outputs, recommendations, classifications, predictions, and related outputs.

You acknowledge and agree that such outputs may be inaccurate, incomplete, biased, contain errors, or change over time. Hyume makes no representation regarding the validity, reliability, predictive value, scientific accuracy, educational value, or practical usefulness of any assessment or output.

No output generated by the Service constitutes a guarantee of talent, creativity, intelligence, employability, admissions potential, academic performance, or future success.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." HYUME DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AVAILABILITY, AND SECURITY. HYUME DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT RESULTS WILL BE ACCURATE OR MEET USER EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYUME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, CONTRACTORS, AGENTS, SUCCESSORS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

HYUME'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE AMOUNT PAID BY YOU TO HYUME DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Hyume and its affiliates, officers, directors, employees, contractors, investors, successors, and agents from and against any claims, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising from your use of the Service, your User Content, your violation of these Terms, your violation of applicable law, or your infringement of third-party rights.

Hyume reserves the right to assume exclusive defense of any matter subject to indemnification.

PLEASE READ THIS SECTION CAREFULLY.

Except where prohibited by law, all disputes arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its applicable consumer arbitration rules. The arbitration shall be conducted in Delaware unless otherwise required by law.

The arbitrator shall have exclusive authority to resolve disputes relating to interpretation, enforceability, and arbitrability of claims. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. NO ARBITRATION SHALL BE CONSOLIDATED WITH ANY OTHER PROCEEDING.

These Terms shall be governed by and construed under the laws of the State of Delaware without regard to conflict-of-law principles. Any matter not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware.

You agree to comply with all applicable U.S. export control laws and sanctions regulations. You may not access or use the Service if prohibited by applicable export restrictions.

Hyume may suspend, restrict, or terminate your access to the Service at any time, with or without notice, for any lawful reason, including violation of these Terms, suspected fraud, security concerns, harm to users or the Service, or legal requirements. Termination does not affect rights or obligations accrued prior to termination.

The following provisions shall survive termination of these Terms: user content licenses, AI training rights, research rights, intellectual property rights, disclaimers, limitations of liability, indemnification obligations, arbitration provisions, class action waiver, governing law provisions, and any provisions that by their nature should survive.

Hyume may assign, transfer, or delegate these Terms without restriction. Users may not assign rights or obligations without Hyume's prior written consent. Any attempted assignment in violation of this section shall be void.

Hyume may modify these Terms at any time. Updated Terms will become effective upon posting or upon another date specified by Hyume. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

These Terms, together with any incorporated policies and agreements, constitute the entire agreement between you and Hyume regarding the Service.

Questions regarding these Terms may be directed to:

Hyume, Inc.
info@hyume.com