Hype Apps Terms of Service

Version: 1.0 · Effective: November 6, 2026

These Terms are a contract between you and Fluency Software Inc., a Massachusetts corporation doing business as "Hype Apps" ("Hype Apps", "we", "us").

They cover our online services: hypeapps.dev, your account, the Hype Apps app (the phone, tablet, TV and watch viewer), My Apps, previews and pairing, shared links, the gallery and playground, hosted app pages, the marketplace, our videos, feedback, and any other online service we run (the "Services").

The desktop app Shipyard and the hype command-line tool are covered by our End User License Agreement (the "EULA"). Our Privacy Policy and Refund Policy are part of these Terms.

By checking the box and clicking "I agree" (or typing "yes" in hype), you accept these Terms. Please read them, especially §2 (what Hype Apps is), §4 (your apps), §13 (no warranty), §14 (limit on liability), §15 (your indemnity) and §17 (disputes). If you don't agree, don't use the Services.

In short (this summary isn't a substitute for the Terms):

• Hype Apps is a tool. You build the apps. You publish them, under your own developer accounts.
• Your apps are yours: you own them and you're responsible for them, including following Apple's, Google's and every other store's rules and the law.
• The Services come "as is", and our liability is limited to what you paid us in the last 12 months (at least US$100).
• Break the Acceptable Use rules and we can close your account and revoke your license without a refund.

1. Who can use the Services

• Who can accept and buy: an adult (18 or older, or the age of majority where you live if that's higher), or an organization such as a school.
• Ages 13 to 17 may use the Services, Shipyard and hype only under a parent, guardian, or teacher or school, who accepts these Terms for them and is responsible for their use (and any purchase).
• No one under 13 may use them.
• If you accept for a company or other organization, you confirm you can bind it, and "you" means it too.
• You can't use the Services if US law forbids it, including the sanctions rules in §12.

2. What Hype Apps is (and isn't)

• Hype Apps is a software tool and framework. You write HAM markup; our software turns it into apps made from components built into Hype Apps. Our online services let you preview, test and share what you're building.
• We provide the tools only. We don't design, develop, review, approve, endorse, publish, sell or support your apps, and we don't monitor what you build. You are the developer and the publisher of every app you make, and you decide what it does, who it's for, and where it goes.
• We are not your agent, partner, employer, contractor or service provider for any app store, and nothing in these Terms makes us one. We don't submit apps to any store for you; you do, from your own computer and accounts (see the EULA).
• Nothing we provide is legal, tax, privacy or compliance advice. Our docs, templates, checklists, generated privacy pages and store helpers are a starting point. Checking that your app and its listing are accurate, legal and allowed is your job.

3. Your account and your keys

• Keep your sign-in, devices, license key and tokens secret. You're responsible for everything done through them, including by paired devices, scripts, CI jobs and any AI agent you let act for you.
• Tell us at lazarus@hypeapps.dev straight away if you think someone else has access.
• Some Services work without an email address. If you lose those devices, we may not be able to recover that account.

4. Your apps are yours, and your responsibility

Ownership.

• Everything you make with Hype Apps is yours. We claim no ownership of your apps, HAM, files, images, sounds, data, text, or anything you generate with AI.
• You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display your content only as needed to run the Services for you (for example, to show your app on the devices you pair, to people you share a link with, or in the gallery or marketplace if you put it there). This license ends when you delete the content, except for copies in backups, which are deleted within 30 days, and anything other people already bought from you in the marketplace.
• We don't use your content to train AI, and we don't use it in our marketing without your permission.
• You promise you have the rights to everything you upload or publish (fonts, images, music, brands, code, data), and that it doesn't infringe anyone's rights.

Responsibility. You alone are responsible for every app you build, preview, share or publish with Hype Apps, including:

• its content, features, and how it behaves;
• its store listing, ratings, privacy answers and privacy policy, and its support;
• its users, their data, and how you collect, use and protect it;
• its payments, ads, subscriptions and taxes;
• whether it's legal everywhere you offer it.

Store and legal rules. For every app you make with Hype Apps, you agree to follow:

• Apple's App Store Review Guidelines and Apple Developer Program License Agreement;
• Google Play's Developer Program Policies and Developer Distribution Agreement;
• the rules of any other store or platform you use;
• every law that applies, including privacy and children's privacy laws (such as GDPR, CCPA and COPPA), consumer protection, advertising, intellectual property, and export and sanctions laws.

Your users are your users. Give your app's users your own terms and privacy policy where the law or a store requires them. We have no agreement with your users and no duty to them. Hype Apps isn't designed for regulated data (such as health records covered by HIPAA, or payment card data); if your app handles it, making that lawful is up to you. If your app uses HAM Sync on hypeapps.dev, its data is encrypted in the app under your app's key, and we can't read it. Everyone who has your app can, since every copy carries that key, so don't sync what one of your users mustn't see of another's. If the key is lost, nobody, us included, can recover that data.

Stores decide. We don't promise that any store will accept your app, keep it listed, or keep your developer account open. We aren't responsible for store rejections, removals, suspensions, fees or policy changes.

Hosted app pages. If we host a privacy or support page for your app, it's your page: you write or confirm what it says, and you're responsible for keeping it accurate. We only host it, and we may take it down.

5. Previews and shared links

• My Apps, previews and pairing are for building and testing. They aren't a way to distribute apps to the public.
• Shared links are unlisted, not secret. Anyone with the link can open it. Don't put private or sensitive data in a preview.
• We may set limits on storage, devices, file sizes and how long unused previews are kept. The current limits are on the site.

6. Acceptable use

These rules apply to every app you make with Hype Apps: published, previewed, shared or kept private. Don't use Hype Apps to build, preview, share or publish anything that:

• is illegal, or promotes illegal activity;
• sexually exploits or endangers children (we report it; see §10);
• is pornographic or sexually explicit, or offers sexual services;
• offers real-money gambling, betting, lotteries or casino games, or simulated gambling aimed at minors;
• sells or promotes illegal drugs, weapons, ammunition or explosives, or tobacco, vaping or cannabis products where that's restricted;
• is malware, spyware, phishing or a scam, mines crypto, or collects people's data without their permission;
• impersonates a person, brand or app, or misleads people about who made it;
• harasses or threatens people, or promotes hatred or violence;
• infringes copyright, trademarks or other rights, or spams people;
• breaks the rules of a store or platform it's offered on, or tries to get around them (including the EULA §5 rules on keeping a published app the same app).

And don't: attack, overload, probe or scrape the Services, or get around their limits or security; share, sell or publish license keys, accounts or tokens; resell or rent the Services; or use a preview to distribute an app to the public.

What we can do. If you break this section, we may, at our discretion, remove content, disable links, block production app tickets, close your account, and revoke your license, without a refund. We'll usually tell you why, unless the law or someone's safety stops us. Anyone can report a preview with its Report option or at lazarus@hypeapps.dev.

7. AI features

• Some features use AI models made by third parties. AI output can be wrong, insecure, biased, or similar to someone else's work. You must review it, and you're responsible for anything you use or ship.
• Depending on where you live, AI output may not be protected by copyright, and similar output may be produced for other people. We don't promise it's unique or that you can register it.
• Shipyard's built-in AI runs on your computer. If we ever add an AI feature that sends your content to another company, we'll name that company and update these Terms first.

8. Purchases, licenses and refunds

• Licenses (Hype Apps 1.0, App Chad) and production app tickets are one-time purchases. The EULA says what you get.
• Videos and other online extras that come with a license are a Service: you can use them for your own learning for as long as we offer them. Don't share or republish them.
• Prices are in US dollars, shown at checkout with any tax we must collect. Stripe processes payments; we never see your full card number.
• Refunds: 14 days from purchase, for any reason; see the Refund Policy. A refund or chargeback ends the license, seats and tickets it paid for.
• Buyers in the EU and UK: you also have the legal 14-day right to withdraw from a purchase. The Refund Policy doesn't limit it.
• Marketplace: when it opens, buying from other sellers follows these Terms, and selling follows separate Seller Terms. The seller, not us, is responsible for what they sell.

9. Feedback and community

• If you send us ideas or feedback, we can use them freely, without paying you. We won't publish your feedback, markup or screenshots without your permission.
• On our Discord and other community spaces, these rules apply too. Other people's posts, apps and code are theirs, not ours, and we don't vouch for them.

10. Copyright complaints and child safety

• Copyright (DMCA). Send notices to our designated agent: Copyright Agent, Fluency Software Inc. (Hype Apps), lazarus@hypeapps.dev; we'll give a postal address for legal notices on request. Include: your signature; the work; the material and its link; your contact details; a statement that you believe in good faith the use isn't authorized; and a statement, under penalty of perjury, that the notice is accurate and you're authorized to act for the owner.
• We'll remove or disable the material and tell whoever posted it. They can send a counter-notice; we may then restore it after 10–14 business days unless you tell us you've filed suit. We close the accounts of repeat infringers.
• Child safety. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children and preserve it as the law requires.

11. Changes

• To the Services: we can change, add or remove features. We'll give notice before we remove something you paid for.
• To these Terms: for a material change we'll email you at least 30 days before it takes effect, and ask you to accept again before you next use the Services. Small changes (wording, contact details) take effect when posted, listed on the changes page. Changes don't apply to a dispute that has already started.
• If you don't accept a change, stop using the Services. Software you bought keeps working under the EULA you accepted.

12. Export and sanctions

• You confirm you aren't located in, or ordinarily resident in, a country or region under comprehensive US sanctions (the US Treasury's OFAC lists them), and aren't on a US government restricted-party list.
• You won't use, export or re-export the Services or our software in breach of US or other applicable export and sanctions laws.

13. No warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT YOUR DATA WON'T BE LOST, OR THAT ANY APP WILL BE ACCEPTED BY A STORE OR WILL WORK ON EVERY DEVICE. Beta features may change, break or be removed. Keep your own backups.

Consumers: some places, including Massachusetts, don't allow some of these exclusions for consumers. Where that's so, they don't apply to you, and you keep the rights the law gives you.

14. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (a) WE AREN'T LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; (b) WE AREN'T LIABLE FOR YOUR APPS OR WHAT THEY DO, FOR WHAT A STORE DOES TO YOUR APP OR ACCOUNT, OR FOR OTHER PEOPLE'S APPS, CONTENT OR CONDUCT; (c) OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SERVICES, THE SOFTWARE AND THESE TERMS TOGETHER IS LIMITED TO THE GREATER OF US$100 OR WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

These limits apply whatever the legal theory, and even if a remedy fails of its essential purpose, but not to liability the law doesn't let us limit, such as for fraud, gross negligence, willful misconduct, death or personal injury, or consumer rights that can't be waived.

15. Your indemnity

If someone else makes a claim against us arising from your apps, your content, or your breach of these Terms, you'll defend us and pay the resulting costs, damages and reasonable legal fees. We'll tell you promptly, let you control the defense (you can't settle in a way that admits fault for us without our consent), and help at your cost.

16. Ending your use

• You can stop using the Services or close your account at any time. We delete your content within 30 days (and from our daily backups, kept 30 days, within a further 30) and keep purchase records as long as tax law requires.
• We can suspend or close your account if you break these Terms, if the law requires it, or if your use puts the Services or other people at risk. For breaches that can be fixed, we'll give you notice and a chance to fix them where that's reasonable; §6 breaches don't need notice.
• Closing an account doesn't by itself end a license you bought; the EULA covers that.
• These sections continue after the end: §2, §4, §7, §10 and §13–§18.

17. Disputes

• Talk to us first. Email lazarus@hypeapps.dev with the details; we'll both try in good faith for 30 days to settle it before going to court.
• Law: the laws of the Commonwealth of Massachusetts and, where they apply, of the United States, without regard to conflict-of-laws rules.
• Courts: the state courts in Worcester County, Massachusetts, or the United States District Court for the District of Massachusetts, which we both accept. Either of us may use small claims court instead if the claim qualifies. There is no arbitration: disputes go to these courts or small claims court.
• Time limit: to the extent the law allows, a claim must be brought within one year after it arose.
• If you're a consumer whose home law gives you the right to sue at home or under your home law, these Terms don't take that away.

18. General

• Whole agreement: these Terms, the EULA, the Privacy Policy and the Refund Policy are the whole agreement about their subject. If these Terms and the EULA conflict, the EULA governs the software and these Terms govern the Services.
• Electronic notices: you agree to receive notices and records electronically, by email to your account address or on the site. Send your notices to us by email to lazarus@hypeapps.dev.
• Severability and waiver: if part of these Terms can't be enforced, the rest still applies, and that part is applied as far as the law allows. Not enforcing something isn't a waiver.
• Transfer: you can't transfer these Terms without our consent. We can transfer them to whoever takes over Hype Apps, and we'll tell you.
• Outside our control: we aren't responsible for delays or failures caused by events beyond our reasonable control.
• Apple, Google and other stores aren't parties to these Terms and have no obligations under them.
• Contact: lazarus@hypeapps.dev, for everything, including legal, privacy, child-data and copyright notices; we'll give a postal address for legal notices on request.