Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and HayRed (“HayRed,” “we,” “us,” or “our”) governing your access to and use of the HayRed platform, including the website, mobile applications, APIs, and all related services (collectively, the “Platform”). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. The platform

HayRed is a talent discovery platform that enables creators to publish video, photo, design, and web-based work (“User Content”) for the purpose of being discovered by employers, brands, agencies, and other users (“Discovering Parties”). The Platform operates an algorithmic discovery system that surfaces User Content to relevant Discovering Parties. HayRed does not guarantee any specific level of visibility, engagement, or discovery outcomes.

2. Eligibility

You must be at least sixteen (16) years of age to create an account or use the Platform. If you are between the ages of 16 and 18, you represent that your parent or legal guardian has reviewed and consents to these Terms on your behalf. By using the Platform, you represent and warrant that you meet these eligibility requirements. We reserve the right to request proof of age at any time and to suspend or terminate accounts that do not meet these requirements.

3. Your account

You are permitted to maintain only one (1) account on the Platform. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at help@hayred.com if you become aware of any unauthorized use of your account. We reserve the right to suspend, disable, or terminate any account at our sole discretion, including but not limited to accounts that violate these Terms, are reasonably believed to be fraudulent or duplicative, or remain inactive for twelve (12) consecutive months. Before terminating an account due to inactivity, we will make reasonable efforts to notify you via the email address associated with your account at least thirty (30) days in advance.

4. Content license

You retain all ownership rights in and to any User Content you submit, post, or display on or through the Platform. By submitting User Content, you grant HayRed a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the operation and promotion of the Platform, including without limitation: (a) displaying your User Content in discovery feeds and search results; (b) featuring your User Content on the HayRed website, mobile applications, and any successor platforms; (c) using your User Content in marketing materials, advertising, social media accounts, press releases, case studies, and promotional channels operated by or on behalf of HayRed; and (d) making your User Content available to Discovering Parties through the Platform.

This license persists for so long as your User Content remains on the Platform. You may revoke this license with respect to specific User Content by deleting that content from the Platform. Upon deletion, we will make commercially reasonable efforts to cease further distribution of such content, provided that: (i) cached, archived, or previously distributed copies may persist in third-party systems, search engine indices, or materials already in circulation prior to deletion; and (ii) we are not required to recall or retrieve any materials already published or distributed.

5. Prohibited content and conduct

You agree not to submit, upload, or transmit any User Content or engage in any conduct that:

• Infringes, misappropriates, or violates any third party’s intellectual property rights, privacy rights, publicity rights, or other proprietary rights;
• Contains material that is defamatory, obscene, pornographic, abusive, threatening, or promotes violence, hatred, or discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic;
• Impersonates any person or entity, or falsely states or misrepresents your affiliation with any person or entity;
• Constitutes unsolicited advertising, spam, chain letters, pyramid schemes, or any form of unauthorized solicitation;
• Is designed to manipulate the Platform’s discovery algorithm, including but not limited to artificial engagement, coordinated inauthentic behavior, or misleading metadata;
• Contains viruses, malware, or any code designed to disrupt, damage, or limit the functionality of the Platform;
• Involves the use of automated scripts, bots, crawlers, scrapers, or any other automated means to access, collect, harvest, or extract data, content, or user information from the Platform without our prior written consent;
• Violates any applicable local, state, national, or international law or regulation.

We reserve the right to remove any User Content that violates these Terms at our sole discretion and without prior notice. Repeated or severe violations may result in immediate and permanent account termination.

6. AI and automated tools

HayRed values original creative work. We also recognize that artificial intelligence and automated tools are part of how people work today. You are free to use AI-assisted tools in the creation, editing, or enhancement of your User Content. We do not monitor, flag, or penalize the use of AI in any capacity.

However, AI-generated or AI-assisted content remains subject to all other provisions of these Terms. Content that is misleading, deceptive, or misrepresents its nature or origin in a way that could deceive Discovering Parties or other users may be removed. You are solely responsible for any User Content you submit, regardless of whether it was created with or without the assistance of AI tools. If AI-assisted content is found to violate Section 5 (Prohibited content and conduct), it will be treated identically to any other violation.

7. Content freedom

HayRed is built primarily as a talent discovery platform, connecting creators with employers and opportunities. That said, we believe in freedom of expression. You are not restricted to posting only work-related content. If you want to share commentary on current events, personal projects, opinion pieces, journalism, documentary work, or anything else that reflects who you are and what you do, you are free to do so.

We are not here to be a judge of what belongs on the Platform beyond the boundaries set out in Section 5. A war correspondent sharing field reports, a designer posting political commentary, a photographer documenting a protest - all of this is welcome. Your profile is yours. The diversity of content on the Platform may itself be valuable to Discovering Parties seeking authentic, multidimensional creators. In the event of any conflict between this Section and Section 5, Section 5 shall prevail. Content that serves an editorial, journalistic, artistic, or public interest purpose will be evaluated in that context, but remains subject to the prohibitions in Section 5 where it targets specific individuals or groups.

8. Reporting and appeals

Any user may report User Content that they believe violates these Terms. When submitting a report, you must provide a clear description of why you believe the content is in violation. Reports submitted without a meaningful explanation may be disregarded.

Reports may be reviewed and acted upon through automated systems, manual review, or a combination of both. HayRed reserves the right to determine the appropriate method of review at its sole discretion.

Filing knowingly false, frivolous, or abusive reports constitutes a violation of these Terms and may result in suspension or termination of your account. HayRed reserves the right to disregard reports from accounts with a pattern of abusive reporting behavior.

If your User Content is removed as a result of a report or a Terms violation, you will be notified with a reason for the removal. If you believe the removal was made in error, you may request additional information or file an appeal by contacting us at help@hayred.com. Appeals will be reviewed within a commercially reasonable timeframe, and you will be notified of the outcome. A successful appeal will result in the prompt restoration of the removed content.

9. Discovery and messaging

HayRed employs proprietary algorithmic systems to surface User Content to Discovering Parties. These systems operate autonomously, and HayRed does not guarantee any minimum level of visibility, impressions, or discovery outcomes for any User Content. By enabling inbound messaging through your account settings, you consent to receiving communications from other Platform users, including Discovering Parties. You may disable inbound messaging at any time through your account settings.

All messages exchanged through the Platform are end-to-end encrypted. This means that the content of your conversations is private between you and the other participants. HayRed does not have access to, monitor, read, or analyze the content of your messages under normal circumstances.

HayRed may access message content only in the following limited circumstances: (a) when a message or conversation is reported by a participant, in which case the reported content is shared with HayRed by the reporting user’s device for review; (b) when required by applicable law, court order, or valid legal process; or (c) when necessary to investigate a credible threat to the safety of any person. In all cases, access will be limited to the specific content relevant to the matter at hand.

HayRed is not responsible for the content, accuracy, legality, or nature of any messages exchanged between users. You are solely responsible for what you communicate through the Platform. Messages that violate Section 5 (Prohibited content and conduct) or Section 10 (Employer and Discovering Party obligations) may result in account suspension or termination. All provisions of Section 8 (Reporting and appeals) apply equally to reported messages.

10. Employer and Discovering Party obligations

Discovering Parties using the Platform to identify, contact, or engage creators agree to the following obligations: (a) you shall not send unsolicited bulk messages or engage in any form of messaging spam; (b) you shall accurately represent all job terms, project scope, and compensation in any communication with creators; (c) you shall not request unpaid work, spec work, or unpaid “test projects” as a condition of engagement through the Platform; (d) you shall not harass, intimidate, or engage in any abusive conduct toward any creator or user. Violation of these obligations constitutes a material breach of these Terms and may result in immediate and permanent suspension of your account without prior notice or refund of any fees paid.

11. Intellectual property

The Platform, including its design, code, algorithms, logos, trademarks, and all content created by HayRed (excluding User Content), is the exclusive property of HayRed and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any part of the Platform without our prior written consent. Nothing in these Terms transfers any HayRed intellectual property rights to you.

We respect the intellectual property rights of others. If you believe that any User Content on the Platform infringes your copyright or other intellectual property rights, you may submit a takedown notice to legal@hayred.com containing: (a) identification of the copyrighted work or intellectual property you claim has been infringed; (b) identification of the material on the Platform that you claim is infringing, with sufficient detail for us to locate it; (c) your contact information, including name, address, and email; (d) a statement that you have a good faith belief that the use of the material is not authorized by the rights holder, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on behalf of the rights holder.

Upon receipt of a valid takedown notice, HayRed will remove or disable access to the allegedly infringing content within a commercially reasonable timeframe and notify the user who posted it. The affected user may submit a counter-notice if they believe the content was removed in error. HayRed will process takedown notices and counter-notices in accordance with applicable law, including the EU Digital Services Act and Norwegian copyright law.

12. Payments and transactions

HayRed may facilitate introductions and communications between creators and Discovering Parties but is not a party to any employment contract, freelance agreement, independent contractor arrangement, or any other agreement entered into between users. All financial terms, payment obligations, tax responsibilities, and contractual commitments arising from connections made through the Platform are solely between the relevant users. HayRed assumes no liability for disputes, non-payment, or breaches of any agreement between users.

13. Termination

You may terminate your account at any time through your account settings. We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination: (a) your right to access and use the Platform will immediately cease; (b) your User Content will be removed from public-facing areas of the Platform within a commercially reasonable timeframe; (c) cached, archived, or previously distributed copies of your User Content may persist as described in Section 4; (d) Sections 4 (to the extent of previously granted licenses), 11, 12, 14, 15, 16, 17, 18, and 19 shall survive termination.

14. Disclaimers

The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. HayRed does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. HayRed makes no representations or warranties regarding the accuracy, reliability, or completeness of any content on the Platform, including User Content. Your use of the Platform is at your sole risk.

15. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall HayRed, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Platform, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if HayRed has been advised of the possibility of such damages. The Platform is provided free of charge, and accordingly HayRed’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed one hundred euros (€100).

16. Indemnification

You agree to indemnify, defend, and hold harmless HayRed and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: (a) your User Content; (b) your use of the Platform; (c) your violation of these Terms; or (d) your violation of any rights of any third party. HayRed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

17. Governing law and dispute resolution

These Terms shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of Oslo, Norway. Notwithstanding the foregoing, HayRed may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

18. Data protection

HayRed processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Norwegian data protection law. By using the Platform, you acknowledge that certain personal data, including but not limited to your account information, User Content, usage data, and communications through the Platform, may be collected and processed as described in our Privacy Policy.

Our Privacy Policy, available at hayred.com/privacy, describes in detail what data we collect, how we use it, the legal basis for processing, your rights as a data subject (including the right to access, rectify, delete, and port your data), cookie usage, data retention periods, and how to contact us or the Norwegian Data Protection Authority (Datatilsynet) with complaints. The Privacy Policy forms an integral part of these Terms.

19. General provisions

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

HayRed may assign or transfer these Terms, and any rights and obligations hereunder, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your prior consent. You may not assign or transfer these Terms or any rights hereunder without our prior written consent.

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and HayRed with respect to the Platform and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the Platform. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and HayRed’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The Platform may contain links to third-party websites, services, or content that are not owned or controlled by HayRed. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that HayRed is not liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services.

20. Changes to these Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the “Last updated” date at the top of these Terms and notify you through the Platform or via the email address associated with your account. Your continued use of the Platform after the effective date of any modified Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform and terminate your account.