Terms of Service

Effective date: August 10, 2026

Last updated: September 10, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and HypUp (“Company,” “we,” “us”) governing your access to and use of the HypUp applications, websites, and related services (the “Service”).

Support: support@cuetheory.ai

Privacy Policy: https://app.cuetheory.ai/privacy

By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

HypUp helps people learn and practice passions — including sports, activities, arts, and hobbies (for example badminton, painting, or coffee brewing) — through curated skill concepts (Cues), step-by-step programs (Plays / Tracks), social sharing of practice media (Moments), optional coach features, and automated feedback from CueBot (AI). Features may change over time.

2. Eligibility

• You must be at least 13 years old to use the Service.
• If you are between 13 and the age of majority where you live, you represent that your parent or guardian has reviewed and agreed to these Terms.
• You must provide accurate registration information and keep it updated.
• We may refuse, suspend, or terminate access if eligibility requirements are not met.

We do not knowingly permit accounts for children under 13.

3. Accounts and security

• You are responsible for safeguarding your login credentials and for activity under your account.
• Notify us promptly at support@cuetheory.ai of unauthorized use.
• One person should not maintain multiple accounts to evade bans or limits.
• We may reclaim usernames or limit account features (including AI analysis quotas) for operational or abuse reasons.

4. Your content (User Content)

“User Content” means content you submit, upload, publish, or display on the Service, including Moments (photos/videos/captions), comments, profile information, Plays/Tracks you create, tags, and similar materials.

4.1 Your ownership

You retain ownership of your User Content, subject to the licenses below and third-party rights (e.g. if your video includes others’ music or likenesses).

4.2 License you grant to Company

By submitting User Content, you grant Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (for formatting/transcoding), display, perform, distribute, and otherwise use your User Content as needed to operate, improve, promote, and provide the Service, including:

• showing content in feeds, profiles, search, and notifications according to visibility settings;
• generating thumbnails, previews, and technical derivatives;
• AI analysis (CueBot) and displaying resulting feedback, scores, badges, and system comments;
• moderation, safety, legal compliance, and backup;
• featuring or promoting the Service (including marketing that uses publicly available content) where permitted by your visibility settings and applicable law.

This license ends when you delete User Content or your account, except that (a) reasonable residual copies may remain in backups for a limited period, (b) content shared with others may persist in their views/caches until removed through normal product flows, and (c) we may retain copies required for legal, security, or dispute purposes.

4.3 Your representations

You represent and warrant that:

• you own User Content or have all rights needed to grant the licenses above;
• User Content does not infringe IP, privacy, publicity, or other rights;
• User Content complies with these Terms and applicable law;
• if you appear in media with others, you have any consents required.

4.4 Feedback

Suggestions you send us may be used by Company without obligation to you.

5. AI features (CueBot)

• CueBot and related features use third-party AI service providers we configure.
• AI outputs may be inaccurate, incomplete, or inappropriate. AI feedback is not professional coaching, medical, or safety advice. Practice safely and use your judgment.
• By using AI features, you instruct us to process relevant User Content with our AI service providers as described in the Privacy Policy.
• We may rate-limit AI usage.
• We may remove or refuse AI outputs that violate policies.

6. Third-party content and embeds

• The Service may display third-party content, including demo videos or media embedded from external platforms.
• Those embeds remain subject to the third party’s terms; Company does not claim ownership of that third-party media.
• Coaches or catalog curators who paste external links are responsible for ensuring they have the right to share those links for this purpose.
• Third-party sites and services have their own terms and privacy practices.

7. Acceptable use

You agree not to:

1. Upload illegal, exploitative, hateful, harassing, sexual involving minors, or otherwise prohibited content.
2. Impersonate others or misrepresent affiliation.
3. Scrape, spam, or overload the Service; circumvent rate limits or security.
4. Reverse engineer the Service except where mandatory law allows.
5. Use the Service to distribute malware or phishing.
6. Violate others’ privacy (e.g. posting someone’s private media without permission).
7. Use automated bots (other than features we provide) to manipulate engagement.
8. Interfere with CueBot, moderation, or other users’ enjoyment of the Service.

We use automated and manual moderation tools and may remove content, limit features, or suspend accounts. Child safety standards: https://app.cuetheory.ai/child-safety.

8. Social features and visibility

• Content visibility may include public, friends, or other settings the product offers.
• Public content can be seen by others and may be indexed or reshared within the Service.
• Blocking and reporting tools may be available; they are not a guarantee of safety.
• Direct messaging may be added later; additional terms may apply.

9. Coaches and expertise

If you apply for or act as a coach:

• Information you submit for expertise review must be accurate.
• Coach features do not create an employment or agency relationship unless separately agreed in writing.
• You remain responsible for advice you give users; Company is not liable for coach–athlete outcomes.

10. Intellectual property of the Service

The Service (software, design, trademarks, CueBot branding, curated Cues/Plays we own, and documentation) is owned by Company or its licensors. Except for your User Content and third-party embeds, no rights are granted except the limited right to use the Service under these Terms.

11. Copyright complaints

If you believe content on the Service infringes your copyright, email support@cuetheory.ai with:

• your contact details;
• a description of the copyrighted work;
• the URL or location of the allegedly infringing material;
• a statement of your good-faith belief that the use is not authorized; and
• a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

We may remove or disable access to material and, where appropriate, terminate repeat infringers.

12. Suspension and termination

We may suspend or terminate access immediately for violations, legal risk, or prolonged inactivity. You may stop using the Service and request account deletion at https://app.cuetheory.ai/delete-account (or via support@cuetheory.ai / in-app controls when available). Provisions that by nature should survive (licenses for residual copies, disclaimers, limitations, indemnity, governing law) survive termination.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR AI OUTPUTS WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.

Practice of sports, physical activities, and other hobbies can involve risk of injury or other harm. You assume responsibility for how you practice and for any equipment, materials, or environments you use.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50 (or local equivalent).

Some jurisdictions do not allow certain limitations; in those cases, limits apply to the fullest extent permitted.

15. Indemnity

You will defend and indemnify Company against claims arising from your User Content, your use of the Service, or your breach of these Terms, to the extent permitted by law.

16. Changes to the Service or Terms

We may modify the Service and these Terms. For material Terms changes, we will update the “Last updated” date and provide notice where required (in-app or email). Continued use after the effective date constitutes acceptance where permitted. If you do not agree, stop using the Service and delete your account.

17. Subscriptions and in-app purchases

Paid consumer plans (currently Learner and Enthusiast) are sold as auto-renewable subscriptions through the Apple App Store and Google Play. Payment is charged to your store account at confirmation. Subscriptions renew for the same period (monthly unless the store listing says otherwise) until you cancel in your Apple or Google account settings. Cancellation stops renewal; you keep access until the end of the paid period unless the store refunds the purchase.

Prices shown in the app come from the store for your storefront and may include tax. Apple and Google collect payment and pay Company after their commission. Refunds, billing retries, and grace periods follow the store’s rules.

Web builds may not offer store purchases. Complimentary or ops-granted access is not a store subscription and can be changed or revoked.

Sandbox / TestFlight / Play license-tester purchases are not production charges.

18. App stores

If you download the app from Apple App Store or Google Play, you acknowledge those stores are not parties to these Terms (except where their standard terms create beneficiary rights). Apple’s Standard EULA may also apply to the licensed application; these Terms govern your relationship with Company regarding HypUp accounts and content. In a conflict about Apple-mandated terms for iOS distribution, Apple’s required terms control for that narrow purpose.

19. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to mandatory consumer protections that may apply where you live, the courts in Bengaluru, Karnataka, India have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, except that either party may seek temporary injunctive relief in any court of competent jurisdiction.

20. Miscellaneous

• If a provision is unenforceable, the rest remains in effect.
• No waiver is implied by failure to enforce.
• You may not assign these Terms without our consent; we may assign to an affiliate or successor.
• These Terms plus the Privacy Policy are the entire agreement regarding the Service.
• English version controls if translations conflict, unless local law requires otherwise.

21. Contact

HypUp

Email: support@cuetheory.ai

Web: https://app.cuetheory.ai

Privacy: https://app.cuetheory.ai/privacy

Also see Privacy Policy.