HPLY MOBILE APPLICATION TERMS
Effective Date: August 10, 2026
These HPLY Mobile Application Terms (the “Mobile Terms”) govern access to and use of mobile applications, mobile software, mobile-specific features, device integrations, notification services, and related functionality made available by HPLY Inc. (“HPLY,” “we,” “us,” or “our”) through Apple’s App Store, Google Play, or another authorized distribution channel (collectively, the “Application”).
1. Purpose and Scope
These Mobile Terms apply to the download, installation, access, and use of the Application and supplement the HPLY Terms of Service and other agreements and policies applicable to HPLY’s Services.
The Application may provide access to account, Donation, nonprofit, merchandise, communication, discovery, support, security, and other functionality where the relevant feature is offered.
Features may vary by device, operating system, account type, jurisdiction, Application version, verification status, Nonprofit Organization status, payment readiness, and other applicable eligibility criteria.
2. Relationship to Other HPLY Terms
The HPLY Terms of Service remain the generally applicable master agreement governing use of the Services.
These Mobile Terms supplement the Terms of Service for mobile-specific matters. If these Mobile Terms conflict with the Terms of Service regarding a mobile-specific subject, these Mobile Terms control solely with respect to that subject. The Terms of Service otherwise remain in effect.
Use of the Application may also be subject to the:
•HPLY Privacy Policy;
•HPLY California Privacy Notice;
•HPLY Cookie Policy;
•HPLY Acceptable Use Policy;
•HPLY Community Guidelines;
•HPLY Donation & Refund Policy;
•HPLY Nonprofit Organization Participation Agreement;
•HPLY Merchandise Terms and Return Policy; and
•other feature-specific or transaction-specific terms made applicable to the relevant activity.
Additional terms imposed by an app store, operating-system provider, device manufacturer, wireless carrier, Payment Processor, or other third party may also apply.
No provision of these Mobile Terms or any third-party terms limits rights that cannot lawfully be waived.
3. Acceptance of the Mobile Terms
By downloading, installing, accessing, registering through, or using the Application, you agree to these Mobile Terms.
If you do not agree, you must not download, install, access, or use the Application.
HPLY may require renewed acceptance when these Mobile Terms materially change or when a feature creates additional legal, payment, privacy, or security obligations.
Electronic acceptance has the same legal effect as a handwritten signature to the extent permitted by applicable law.
4. Eligibility
You must satisfy the eligibility requirements contained in the HPLY Terms of Service and any additional age, geographic, sanctions, payment, verification, or account requirements applicable to the Application or particular feature.
Account-based and transactional use of the Application is limited to persons at least eighteen (18) years old unless applicable law requires otherwise.
You may not download or use the Application where prohibited by applicable law, sanctions, export-control requirements, app-store restrictions, or binding contractual obligations.
A person accessing or administering an account on behalf of a Nonprofit Organization must have appropriate authority to act for that Nonprofit Organization.
HPLY may restrict functionality based on jurisdiction, account type, verification status, Nonprofit Organization status, device, operating system, Application version, or feature availability.
5. Mobile Application License
Subject to your continued compliance with these Mobile Terms and other applicable HPLY agreements, HPLY grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use one authorized copy of the Application on compatible devices that you own or control, subject to applicable app-store usage rules.
The license is granted solely for lawful personal, donor, Nonprofit Organization-administration, or other authorized use of the Services.
The Application is licensed, not sold.
The license ends automatically upon termination of your right to use the Services, material violation of these Mobile Terms, discontinuation of the Application, or revocation by HPLY as permitted by applicable law.
6. License Restrictions
Except to the extent expressly authorized by HPLY or permitted by non-waivable law, you may not:
(a) copy, reproduce, modify, adapt, translate, distribute, sell, lease, sublicense, lend, publish, publicly display, create derivative works from, or commercially exploit the Application;
(b) reverse engineer, decompile, disassemble, attempt to derive source code, bypass technical restrictions, disable security controls, alter signatures, or interfere with license validation;
(c) remove copyright, trademark, attribution, privacy, security, or proprietary notices;
(d) use the Application to develop, train, benchmark, test, or support a competing product or service without HPLY’s prior written authorization;
(e) use modified, cloned, counterfeit, unauthorized, or unofficial versions of the Application;
(f) interfere with the Application’s communications, security, integrity, authentication, payment, or fraud-prevention systems; or
(g) use the Application on a jailbroken, rooted, compromised, emulated, automated, or otherwise insecure device where HPLY reasonably restricts such use for security or legal reasons.
7. Ownership and Reservation of Rights
HPLY and its licensors own all right, title, and interest in and to the Application and related intellectual property, including software, source code, object code, databases, interfaces, designs, graphics, documentation, trademarks, service marks, trade dress, text, audiovisual materials, and proprietary technology.
Your download, installation, access, payment, Donation, or use does not transfer ownership of the Application or any related intellectual property.
You receive only the limited rights expressly granted under these Mobile Terms.
All rights not expressly granted are reserved by HPLY and its licensors.
8. Accounts and Authentication
Certain Application features require an HPLY account.
You must provide accurate, current, and complete account information and maintain that information as required by the Terms of Service.
The Application may support password authentication, passwordless authentication, multi-factor authentication, device authentication, biometric device authentication, or other secure login methods where offered.
When device-native biometric authentication is used, authentication is ordinarily performed through the device or operating-system provider. HPLY generally does not receive the underlying fingerprint, facial geometry, or biometric template used by the device to authenticate you.
You remain responsible for activity conducted through your account and devices, subject to applicable law.
9. Account and Device Security
You must use reasonable care to protect your passwords, authentication codes, session credentials, recovery information, devices, and associated email accounts.
You must promptly notify HPLY of suspected unauthorized access, device loss, credential compromise, fraud, or other material security concerns involving your account.
HPLY may revoke sessions, require reauthentication, require credential changes, disable mobile access, restrict a device, or require additional verification where compromise, fraud, or elevated risk is reasonably suspected.
You should use device-locking and security features, install available security updates, avoid untrusted application sources, and remove HPLY access before transferring or disposing of a device.
HPLY is not responsible for unauthorized access resulting from your failure to protect your device or credentials except to the extent applicable law provides otherwise.
10. Device and Connectivity Requirements
You are responsible for obtaining and maintaining a compatible mobile device, supported operating system, Internet connection, wireless service, and other equipment necessary to use the Application.
The Application may not function properly on every device, operating-system version, network, carrier, or accessibility configuration.
HPLY may establish minimum technical requirements and discontinue support for outdated, insecure, incompatible, or unsupported software.
You are responsible for backing up information stored outside HPLY and maintaining your device.
The Application is not an emergency service and must not be relied upon for life-safety communications or any purpose requiring guaranteed continuous availability.
11. Operating Systems and Compatibility
The Application may depend on services, libraries, permissions, APIs, security controls, app-store functionality, and technical requirements supplied by Apple, Google, device manufacturers, carriers, or other third parties.
HPLY does not control operating-system updates, app-store review decisions, device restrictions, wireless-carrier behavior, or third-party compatibility.
Changes by a platform, operating-system provider, app store, carrier, or device manufacturer may affect Application functionality, notifications, permissions, performance, security, or availability.
HPLY may modify or discontinue functionality that cannot reasonably be supported securely, lawfully, or compatibly.
12. Application Updates
HPLY may release security patches, bug fixes, compatibility updates, feature updates, and new versions of the Application.
Updates may install automatically depending on your device, app-store, or operating-system settings.
HPLY may require installation of an update to continue using the Application, particularly where an older version presents security, legal, operational, or compatibility risks.
HPLY does not guarantee continued support for every prior version.
Updates may add, modify, restrict, replace, or remove functionality subject to applicable law and HPLY’s contractual obligations.
13. Device Permissions
The Application may request device permissions that are reasonably necessary for available functionality, such as permission to send notifications or use device-native authentication features.
HPLY does not currently require access to your precise location, contacts, calendar, microphone, camera, photographs, media library, or files to use the Application.
You may grant, deny, or revoke applicable permissions through your device or operating-system settings. Denying or revoking a permission may prevent the related feature from operating.
HPLY’s Processing of information obtained through device permissions is governed by the HPLY Privacy Policy, applicable privacy notices, and applicable law.
14. Notifications
The Application may send transactional, account, security, Donation, Nonprofit Organization, support, legal, merchandise, and promotional notifications where applicable.
Push notifications may depend on device tokens and infrastructure provided by Apple, Google, or another provider.
You may manage push notifications through device settings and, where available, Application preferences.
Disabling notifications may prevent timely receipt of security, account, Donation, Nonprofit Organization, or other important information.
Marketing notifications will be sent only as permitted by applicable law and applicable user choices.
15. Location Information
HPLY may derive general or approximate location information from information such as an IP address where reasonably necessary for security, fraud prevention, geographic restrictions, regulatory compliance, or operation of the Services.
The Application does not currently require access to your device’s precise-location permission.
HPLY does not represent that location information is exact, continuously available, or suitable for emergency or life-safety purposes.
16. User-Submitted Content and Media
Where the Application permits users to submit information or content through available functionality, you may submit only information, media, documents, and other content that you are legally authorized to use.
Content submitted through the Application remains subject to applicable copyright, privacy, publicity, confidentiality, consent, safeguarding, Community Guidelines, Acceptable Use Policy, and other legal requirements.
HPLY may Process submitted content in accordance with the HPLY Privacy Policy and applicable HPLY agreements.
You should not submit Sensitive Personal Information or other highly sensitive content unless HPLY expressly requests it through an appropriate feature or process.
The Application does not currently require access to your device’s camera, photographs, media library, or files.
17. Contacts, Calendar, Microphone, and Other Sensitive Device Data
The Application does not currently require access to your device contacts, calendar, call logs, messages, health information, motion information, Bluetooth data, microphone input, or similar sensitive device data.
HPLY will not access such information unless HPLY introduces functionality requiring the relevant access and provides any notice and obtains any permission required by applicable law.
HPLY will not use device contact information for unrelated advertising, independent fundraising, or unrelated solicitation without an appropriate lawful basis and any required user choice.
18. Secure Storage and Local Device Data
The Application may store limited information locally on your device, including session information, preferences, cached content, draft information, authentication tokens, or offline data.
HPLY may use operating-system secure storage or comparable safeguards for sensitive credentials and tokens where appropriate.
Local data may remain on the device until you log out, clear Application data, uninstall the Application, the relevant information expires, or the Application otherwise removes it.
Uninstalling the Application does not necessarily delete Personal Information maintained in HPLY’s systems or by third parties.
You are responsible for securing your device and removing locally stored information before transferring, selling, recycling, or disposing of it.
19. Cellular, Messaging, and Data Charges
You are responsible for carrier, Internet, roaming, messaging, data, and other charges incurred through downloading or using the Application.
HPLY is not responsible for charges imposed by a wireless carrier, Internet provider, app store, device manufacturer, or other third party.
Use of content, downloads, updates, or background functionality may consume data.
20. Accessibility
HPLY seeks to provide mobile experiences that are reasonably accessible to individuals with disabilities as required by applicable law.
Accessibility may depend in part on operating-system accessibility services, device settings, screen readers, magnification, captions, contrast settings, voice controls, or other third-party capabilities.
Users may report accessibility barriers using the contact information in Section 57.
Nothing in these Mobile Terms limits accessibility rights provided by applicable law.
21. Prohibited Mobile Use
The Application may not be used for fraud, unauthorized fundraising, payment abuse, harassment, impersonation, unlawful tracking, scraping, malware, security attacks, prohibited content, circumvention, or other conduct prohibited by the HPLY Terms of Service, Acceptable Use Policy, Community Guidelines, or applicable law.
You may not use bots, scripts, device automation, emulators, modified applications, cloned applications, unofficial clients, deceptive use of accessibility features, or similar methods to evade controls or manipulate activity.
You may not intercept Application traffic, extract credentials, falsify device information, tamper with local data, bypass certificate validation, defeat security or fraud controls, or access systems without authorization.
HPLY may restrict or block a device, network, Application version, installation, account, or feature associated with prohibited or materially elevated-risk activity.
22. Suspension and Termination of Mobile Access
HPLY may suspend or terminate mobile access for violation of these Mobile Terms, the Terms of Service, another applicable HPLY agreement, applicable law, app-store requirements, Payment Processor requirements, or security standards.
HPLY may disable access from a particular device or Application version without terminating the broader HPLY account.
Nonprofit Organization-specific suspension, restriction, deactivation, and termination remain governed by the HPLY Nonprofit Organization Participation Agreement.
Upon termination of your right to use the Application, you must cease use and uninstall the Application where required.
HPLY may retain relevant records in accordance with the HPLY Privacy Policy, applicable law, and HPLY’s legitimate security, legal, fraud-prevention, dispute, and enforcement requirements.
23. Changes to the Application
HPLY may add, modify, suspend, redesign, restrict, replace, or discontinue Application functionality subject to applicable law and contractual obligations.
Features shown in previews, demonstrations, screenshots, testing environments, or marketing materials are not guaranteed to become or remain available unless expressly stated otherwise.
Available functionality may vary by device, operating system, account, jurisdiction, Nonprofit Organization status, payment readiness, or Application version.
Material changes to privacy, payment, account, or legal functionality may be accompanied by updated notices, terms, or consent mechanisms where required.
HPLY may discontinue the Application and make Services available through another supported channel.
24. Mobile Donations
The Application may permit eligible users to make charitable Donations through available Donation functionality.
Donations made through the Application are governed by the HPLY Terms of Service and HPLY Donation & Refund Policy.
Donations are currently processed by Stripe through Stripe Connect. HPLY may designate another Payment Processor in the future.
HPLY facilitates Donations but does not take ownership of donated funds merely because it provides the technology through which a Donation is initiated or processed.
Users are responsible for reviewing the Nonprofit Organization, Donation amount, frequency, payment information, and other material transaction details before submitting a Donation.
Charitable Donations are generally final once successfully processed, subject to the HPLY Donation & Refund Policy and applicable law.
25. Recurring Donations
Where recurring Donation functionality is offered, users may establish, modify, pause, or cancel recurring Donations in accordance with the applicable Donation terms, available controls, Payment Processor requirements, and applicable law.
Cancellation of a recurring Donation ordinarily applies prospectively and does not automatically reverse Donations already processed.
Users remain responsible for maintaining accurate payment and account information.
26. Payment Processing
Payments may be processed by Stripe, Shopify Payments where applicable to merchandise, or another Payment Processor or commerce provider designated by HPLY.
Payment providers may use device information, cookies, SDKs, fraud signals, authentication methods, risk-scoring technologies, or comparable tools to authorize, secure, process, reconcile, or investigate transactions.
HPLY generally does not store complete payment-card numbers on its own systems where payment credentials are collected directly by the applicable Payment Processor.
Transactions may be authorized, declined, delayed, reversed, or reviewed for fraud, security, compliance, payment-network, sanctions, or operational reasons.
A Payment Processor’s involvement does not make it the seller of record where HPLY is identified as the seller of merchandise, and does not make HPLY the owner of donated funds.
27. Electronic Receipts
Receipts, transaction confirmations, tax-related acknowledgments where applicable, shipping notices, and other transaction records may be delivered through the Application, email, account interface, or another electronic method.
Users are responsible for maintaining accurate contact information and preserving records they require.
Donation acknowledgments remain subject to the HPLY Donation & Refund Policy and applicable law.
28. Merchandise Purchases
Merchandise purchases made through the Application are governed by the HPLY Merchandise Terms and Return Policy and any applicable product-specific, checkout, promotional, shipping, or transaction disclosures.
Where HPLY is identified as the seller of record, use of a third-party payment processor, commerce provider, manufacturer, fulfillment provider, or carrier does not by itself change HPLY’s status as seller.
Merchandise functionality may be restricted, suspended, or discontinued without affecting unrelated Donation or account functionality.
29. Apple App Store Terms
If you download or access the Application through Apple’s App Store, the following additional terms apply to the extent required by Apple’s applicable terms and policies:
(a) these Mobile Terms are between you and HPLY, not Apple;
(b) HPLY, not Apple, is solely responsible for the Application and its content, subject to applicable law;
(c) your license to use the Application is limited to use on Apple-branded products that you own or control and as permitted by the usage rules in the applicable Apple Media Services Terms and Conditions, except to the extent family or volume purchasing arrangements permit otherwise;
(d) Apple has no obligation to furnish maintenance or support services for the Application;
(e) to the extent any warranty applies and the Application fails to conform to that warranty, you may notify Apple, and Apple may refund the purchase price, if any, paid to Apple for the Application to the extent required by Apple’s terms or applicable law; to the maximum extent permitted by law, Apple has no other warranty obligation concerning the Application;
(f) HPLY, not Apple, is responsible for addressing claims by you or third parties relating to the Application or your possession or use of it, including product-liability, regulatory, consumer-protection, or intellectual-property claims, subject to applicable law and these Mobile Terms;
(g) if a third party claims that the Application or your possession and use of it infringes that party’s intellectual-property rights, HPLY, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by applicable law and these Mobile Terms;
(h) you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties, except to the extent applicable law provides otherwise;
(i) you must comply with applicable third-party terms when using the Application; and
(j) Apple and its subsidiaries are third-party beneficiaries of these Mobile Terms with respect to the Application distributed through the App Store and, upon your acceptance, Apple will have the right to enforce the applicable provisions against you as a third-party beneficiary.
Nothing in this Section expands Apple’s obligations beyond those imposed by applicable law or Apple’s governing terms.
30. Google Play Terms
If you download or access the Application through Google Play, your use of the Application is also subject to applicable Google Play terms, policies, and distribution requirements.
These Mobile Terms are between you and HPLY and do not make Google a party to the agreement between you and HPLY except to the extent applicable Google terms expressly provide otherwise.
Google is not responsible for providing HPLY support, operating HPLY’s Services, administering Donations, fulfilling HPLY merchandise orders, or resolving HPLY account matters except to the extent Google independently provides a service governed by its own terms.
You must comply with applicable Google Play and Android usage requirements when using the Application.
Nothing in these Mobile Terms limits non-waivable rights provided by applicable law or applicable Google terms.
31. App Store Availability
HPLY does not guarantee continued availability of the Application through any particular app store, country, operating system, or device ecosystem.
An app store may delay, reject, suspend, restrict, or remove an Application according to its own rules or legal obligations.
HPLY may distribute the Application through one or more authorized channels and may change or discontinue a distribution method.
32. Third-Party Services
The Application may integrate with Payment Processors, cloud providers, authentication services, mapping services, communications providers, content-delivery networks, support providers, or other third parties.
Third-party services may be governed by their own terms and privacy notices where the third party independently controls relevant Processing or functionality.
HPLY does not control every aspect of services independently operated by third parties.
Nothing in this Section limits HPLY’s responsibilities where applicable law assigns responsibility to HPLY for its selection, configuration, authorization, or use of a third-party service.
33. Third-Party Links and Content
The Application may provide links to third-party websites, Nonprofit Organization websites, external resources, embedded content, or third-party services.
A link or integration does not constitute HPLY’s endorsement, sponsorship, guarantee, or approval of the third party or its content unless HPLY expressly states otherwise.
Third-party content and services may change independently of HPLY.
Users should review applicable third-party terms and privacy practices before providing information or completing transactions outside HPLY’s Services.
34. Privacy
HPLY’s collection, use, disclosure, retention, and other Processing of Personal Information through the Application are governed by the HPLY Privacy Policy and applicable supplemental notices, including the HPLY California Privacy Notice where applicable.
Device-permission information is Processed only for applicable disclosed purposes and in accordance with relevant permissions, notices, user choices, and applicable law.
The HPLY Cookie Policy explains HPLY’s use of cookies and similar technologies, including mobile SDKs, device identifiers, local storage, and comparable technologies.
Nothing in these Mobile Terms expands the Personal Information HPLY provides to participating Nonprofit Organizations.
HPLY does not provide donor names, email addresses, telephone numbers, mailing addresses, or other donor contact information to participating Nonprofit Organizations for their independent fundraising, marketing, advertising, donor acquisition, or unrelated solicitation.
35. Diagnostics, Performance, and Crash Reporting
HPLY may Process diagnostic, performance, crash, security, and Application-usage information to operate, secure, troubleshoot, and improve the Application.
Information may include device model, operating-system version, Application version, language, session information, technical identifiers, error data, crash information, performance information, and feature interaction data.
Use of diagnostic, performance, crash-reporting, and similar operational technologies is subject to the HPLY Privacy Policy, HPLY Cookie Policy, applicable user choices, and applicable law.
Where applicable law requires prior consent or an opt-out for a particular technology, HPLY will provide the required choice.
36. SDKs, Device Identifiers, and Similar Technologies
The Application may use SDKs, device identifiers, push-notification tokens, local or secure storage, APIs, authentication technologies, fraud signals, and similar technologies in connection with security, communications, performance, fraud prevention, payment processing, or Application functionality.
HPLY Processes information obtained through such technologies in accordance with the HPLY Privacy Policy and HPLY Cookie Policy.
Where use of a technology constitutes a sale or sharing of Personal Information under applicable California law, HPLY will provide legally required notice and opt-out rights and recognize qualifying opt-out preference signals as required by law.
37. Security
HPLY implements reasonable technical and organizational safeguards appropriate to the nature of the Application and the Personal Information HPLY Processes.
No mobile application, transmission method, storage system, authentication mechanism, or security program can guarantee absolute security.
Users are responsible for maintaining reasonable device and account security and promptly reporting suspected compromise.
HPLY may restrict access, revoke credentials, suspend sessions, require verification, or take other appropriate protective measures where security risk is reasonably suspected.
38. Lost or Stolen Devices
If a device with access to an HPLY account is lost, stolen, transferred without authorization, or otherwise compromised, the user should promptly secure the account, change affected credentials, revoke active sessions where available, and notify HPLY where appropriate.
HPLY may terminate mobile sessions, restrict the affected device, require reauthentication, or take other reasonable security measures.
HPLY cannot guarantee that locally stored information can be remotely removed from every lost or stolen device.
39. User Content
Users remain responsible for content they upload, submit, transmit, or make available through the Application.
Users must have all rights, permissions, consents, releases, and lawful authority necessary for the content they submit.
User Content remains subject to the HPLY Terms of Service, Acceptable Use Policy, Community Guidelines, DMCA & Copyright Policy, and other applicable HPLY agreements.
HPLY may moderate, restrict, remove, preserve, or restore User Content as permitted by applicable HPLY agreements and law.
40. Intellectual Property Complaints
Copyright complaints involving content made available through the Application are governed by the HPLY DMCA & Copyright Policy where applicable.
Trademark, impersonation, publicity, privacy, or other rights complaints may be handled through the reporting procedures identified by HPLY.
A Community Guidelines appeal does not replace a statutory DMCA counter-notification process.
41. Feedback
If you voluntarily provide ideas, suggestions, comments, feature requests, or other feedback concerning the Application or Services, HPLY may use that feedback without restriction or compensation to you, except to the extent prohibited by applicable law or expressly agreed otherwise in writing.
Feedback does not transfer ownership of independently owned User Content or confidential information protected under a separate written agreement.
42. Open-Source Software
The Application may include open-source software components governed by separate licenses.
To the extent an applicable open-source license grants rights inconsistent with these Mobile Terms, the open-source license controls solely with respect to the applicable open-source component and the rights it governs.
Applicable notices or license information may be made available within the Application, accompanying documentation, source repositories, or another appropriate location.
43. Beta and Experimental Features
Where HPLY expressly identifies functionality as beta, preview, experimental, early access, testing, or similar pre-release functionality, the feature may be incomplete, unstable, modified, restricted, or discontinued.
Such functionality may have additional terms or limitations disclosed when access is provided.
Nothing in this Section reduces rights or warranties that cannot legally be waived.
44. Disclaimer of Warranties
The Application and mobile functionality are subject to the generally applicable warranty disclaimers in the HPLY Terms of Service.
To the fullest extent permitted by applicable law, and except for any express warranty HPLY provides in writing, the Application is provided on an “AS IS” and “AS AVAILABLE” basis.
HPLY does not warrant that the Application will operate uninterrupted, remain available through every app store, function with every device or operating-system version, be free of errors or vulnerabilities, or satisfy every individual requirement.
Nothing in these Mobile Terms disclaims or limits a warranty, statutory guarantee, consumer right, accessibility right, or other protection that applicable law does not permit HPLY to disclaim or limit.
45. Limitation of Liability
Liability arising out of or relating to the Application, these Mobile Terms, or mobile use of the Services is governed by the limitation-of-liability provisions of the HPLY Terms of Service unless mandatory law requires otherwise.
These Mobile Terms do not create a separate mobile-specific aggregate liability cap.
Nothing in these Mobile Terms excludes or limits liability that cannot lawfully be excluded or limited.
46. Indemnification
Indemnification obligations applicable to Users are governed by the HPLY Terms of Service.
Conduct involving unlawful use of the Application, infringement of third-party rights, fraud, security circumvention, counterfeit Applications, or prohibited commercial exploitation may constitute conduct subject to the applicable remedies and indemnification provisions of the Terms of Service.
These Mobile Terms do not create an additional independent consumer indemnification regime.
47. Export Controls and Sanctions
The Application may not be downloaded, exported, re-exported, transferred, accessed, or used in violation of applicable export-control, trade-control, embargo, or sanctions laws.
You may not use the Application on behalf of a person or entity where such access is prohibited by applicable law.
HPLY may restrict Application access or functionality where reasonably necessary to comply with export-control, sanctions, or trade laws.
Nothing in this Section requires a representation or restriction broader than applicable law permits.
48. Government End Users
If the Application is acquired by or on behalf of a U.S. governmental entity, it is provided as commercial computer software and commercial computer-software documentation with only those rights generally provided to other users under these Mobile Terms, except to the extent applicable procurement law or another binding written agreement requires otherwise.
49. International Use
HPLY primarily operates from the United States and may make the Application available in selected jurisdictions.
Availability in a particular app store or jurisdiction does not represent that all Application features or HPLY Services are lawful, supported, or available everywhere.
Users accessing the Application outside the United States are responsible for complying with applicable local law to the extent that responsibility may lawfully be imposed on them.
HPLY may restrict or discontinue access in particular jurisdictions where necessary for legal, operational, payment, security, or compliance reasons.
Mandatory local consumer, privacy, accessibility, or other rights remain applicable where they cannot lawfully be waived.
50. Governing Law and Dispute Resolution
Governing law and dispute resolution for these Mobile Terms are governed by the HPLY Terms of Service unless mandatory applicable law requires otherwise.
These Mobile Terms do not establish a separate arbitration administrator, arbitration procedure, venue, class-action waiver, representative-action waiver, or jury-trial waiver.
For covered individual Users, the Terms of Service provide the generally applicable California governing-law and AAA Consumer Arbitration Rules framework.
Nonprofit Organization-specific disputes arising in a Nonprofit Organization’s organizational capacity remain governed by the HPLY Nonprofit Organization Participation Agreement where applicable.
Nothing in these Mobile Terms restricts a non-waivable right to report a matter to a regulator, governmental authority, or law-enforcement agency.
51. Force Majeure
HPLY is not responsible for delay or failure in performance caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic or pandemic conditions, labor disruptions, war, terrorism, civil unrest, governmental actions, sanctions, telecommunications failures, cyberattacks, utility outages, app-store failures, carrier failures, cloud-service interruptions, payment-network outages, or other comparable events.
This Section does not excuse obligations or remedies that applicable law requires despite the event.
52. Amendments
HPLY may update these Mobile Terms prospectively in accordance with the amendment provisions of the HPLY Terms of Service and applicable law.
Changes may reflect legal, security, operational, app-store, payment, privacy, or product developments.
Where applicable law requires notice or renewed consent before a material change becomes effective, HPLY will provide the required notice or obtain the required consent.
Continued use following an update constitutes acceptance only where permitted by applicable law.
53. Assignment
Assignment of these Mobile Terms is governed by the HPLY Terms of Service.
To the extent a separate rule is necessary for the Application license, users may not assign or transfer their Application license except as permitted by applicable app-store rules, HPLY’s written authorization, or applicable law.
HPLY may assign rights and obligations in connection with a merger, acquisition, financing, reorganization, sale of assets, or other transaction as permitted by the Terms of Service and applicable law.
54. Severability and Waiver
If a provision of these Mobile Terms is invalid or unenforceable, it will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary, and the remaining provisions will remain effective, subject to any different severability rule contained in the HPLY Terms of Service.
HPLY’s failure to enforce a provision does not waive that provision or HPLY’s right to enforce it later.
Any waiver must satisfy the requirements of the Terms of Service.
55. Entire Agreement
These Mobile Terms, together with the HPLY Terms of Service and other agreements and policies applicable to the relevant account, transaction, Nonprofit Organization, content, or feature, constitute the applicable agreement governing mobile use of the Services.
If a more specific HPLY agreement governs a particular subject, that agreement controls that subject to the extent expressly provided by the applicable agreement or the Terms of Service.
56. Survival
Provisions that by their nature should survive termination or expiration—including provisions concerning intellectual property, licenses and restrictions, payments, privacy, security, User Content, liability, indemnification, disputes, export controls, enforcement, and general legal terms—survive to the extent necessary to fulfill their purpose.
57. Contact Information
Questions concerning these Mobile Terms or the Application may be directed to:
HPLY Inc. 3517 Camino del Río South Suite 215, Mailbox #83 San Diego, CA 92108 United States
Telephone: 305-897-0913 Email: support@hply.org