HPLY TERMS OF SERVICE
Last Updated: August 10, 2026
These Terms of Service (“Terms”) govern access to and use of the websites, applications, nonprofit portals, administrative interfaces, payment integrations, APIs, and related services operated by HPLY Inc. (“HPLY,” “we,” “us,” or “our”).
INTRODUCTION, ACCEPTANCE OF TERMS, ELIGIBILITY, ACCOUNT REGISTRATION, AND PLATFORM OVERVIEW
1. Introduction and Scope
HPLY operates a technology platform that enables users to discover nonprofit organizations, learn about charitable causes, save organizations, and facilitate charitable giving through integrated payment services. These Terms govern access to and use of the Services.
These Terms form a legally binding agreement between HPLY and each person or entity accessing or using the Services.
Additional agreements and policies may apply to particular Services, including the Privacy Policy, Donation & Refund Policy, Acceptable Use Policy, Cookie Policy, Mobile Application Terms, Nonprofit Organization Participation Agreement, Merchandise Terms and Return Policy, DMCA & Copyright Policy, Community Guidelines, applicable Payment Processor terms, and feature-specific or supplemental terms.
These Terms are the generally applicable master agreement governing use of the Services. A supplemental agreement or policy may establish additional or different rules for a specific Service or relationship where it expressly does so. The Donation & Refund Policy governs Donation-specific matters, and the Nonprofit Organization Participation Agreement governs Nonprofit Organization-specific participation obligations and disputes arising from a Nonprofit Organization acting in its organizational capacity.
2. Acceptance of the Terms
By accessing or using the Services, creating an account, submitting information, initiating a Donation, making a purchase, administering a Nonprofit Organization Profile, or otherwise using functionality subject to these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree, you may not use the applicable Services.
HPLY may revise these Terms from time to time. Material changes may be communicated through the Services, applications, email, account notice, website posting, or another reasonable method.
Where permitted by applicable law, continued use after the effective date of updated Terms constitutes acceptance. Where applicable law requires affirmative consent, HPLY may request that consent before the revised Terms apply.
3. Definitions
For purposes of these Terms:
“Donation” means a charitable contribution initiated through the Services and designated for an eligible participating Nonprofit Organization.
“Donor” means an individual or entity that initiates or authorizes a Donation through the Services.
“Nonprofit Organization” means a nonprofit organization listed or approved for participation through HPLY, as applicable to the context.
“Nonprofit Organization Profile” means information concerning a Nonprofit Organization that HPLY displays or otherwise makes available through the Services.
“Payment Processor” means Stripe, when processing Donations through Stripe Connect, or another payment processor designated by HPLY where applicable.
“Personal Information” means information that identifies, relates to, describes, or can reasonably be linked to an identifiable individual.
“Service Fee” means a fee HPLY may introduce and charge for or in connection with the Services, as disclosed through applicable pricing terms, transaction disclosures, account interfaces, or another applicable disclosure.
“Services” means HPLY-operated websites, applications, nonprofit portals, donor services, APIs, administrative interfaces, communications, payment integrations, merchandise functionality, and related technology or services made available by HPLY.
“User” means a visitor, Donor, account holder, purchaser, Nonprofit Organization representative, merchant where applicable, administrator, or other person or entity accessing or using the Services.
4. Eligibility
Users must be at least eighteen (18) years old to create an account, initiate a Donation, make a purchase, administer a Nonprofit Organization Profile, or engage in other account-based or transactional activity through the Services, unless applicable law requires otherwise.
Users must have legal capacity to enter into these Terms and must comply with applicable law, sanctions requirements, Payment Processor requirements, and other eligibility requirements applicable to the relevant Service.
A person acting for an entity represents and warrants that the person has authority to bind that entity to the applicable terms.
HPLY may restrict access where age, geographic, sanctions, legal, payment, verification, security, or other applicable eligibility requirements are not satisfied.
5. Accounts and Registration
Certain Services may require an account.
Users must provide accurate, current, and complete information and must update account information when reasonably necessary.
Users may not create an account using false information, impersonate another person or entity, misrepresent affiliation with a Nonprofit Organization, or create an account for another person without authorization.
HPLY may require identity, email, payment, Nonprofit Organization, or other verification appropriate to the applicable Service.
6. Account Security
Users are responsible for maintaining the confidentiality and security of their account credentials and for activity occurring through their accounts to the extent permitted by applicable law.
Users must promptly notify HPLY if they know or reasonably suspect that an account, credential, payment method, or authentication mechanism has been compromised.
HPLY may require password changes, reauthentication, additional verification, session termination, or other reasonable security measures.
7. Platform Role
HPLY is a technology platform connecting Donors with participating Nonprofit Organizations and facilitating access to related Services.
Nonprofit Organizations remain independent organizations responsible for their own governance, operations, programs, statements, tax status, legal compliance, and use of Donation proceeds.
Except to the extent applicable law independently assigns HPLY a particular legal status, duty, or obligation, these Terms do not create a contractual partnership, joint venture, employment, agency, fiduciary, trustee, franchise, or similar relationship between HPLY and any User or Nonprofit Organization.
Nothing in these Terms limits, disclaims, or alters any legal status, duty, responsibility, or obligation independently assigned to HPLY by applicable law, including any status or obligation arising under laws governing charitable fundraising platforms or trustees for charitable purposes.
8. Nonprofit Organization Participation
Participation by a Nonprofit Organization is by invitation and approval from HPLY and is governed by the Nonprofit Organization Participation Agreement.
HPLY determines Nonprofit Organization eligibility using its own review process and may approve, deny, restrict, suspend, deactivate, or terminate participation consistent with the Nonprofit Organization Participation Agreement and applicable law.
At launch, participating Nonprofit Organizations must be U.S. organizations recognized by the Internal Revenue Service as tax-exempt under Section 501(c)(3) of the Internal Revenue Code and must satisfy the requirements of the Nonprofit Organization Participation Agreement.
A Nonprofit Organization’s participation, continued eligibility, payment onboarding, profile administration, Donation-related obligations, and organizational disputes are governed by the Nonprofit Organization Participation Agreement.
9. Nonprofit Organization Profiles
HPLY may create, display, maintain, review, edit, supplement, organize, or remove Nonprofit Organization Profiles in accordance with applicable law and the Nonprofit Organization Participation Agreement.
Participating Nonprofit Organizations may submit profile updates. HPLY reviews and approves changes before publication and retains final editorial discretion over Nonprofit Organization Profiles.
A participating Nonprofit Organization may request that its profile be made inactive subject to the Nonprofit Organization Participation Agreement and applicable law.
The appearance of a Nonprofit Organization through the Services does not constitute a guarantee by HPLY concerning that organization’s programs, performance, financial condition, use of funds, legal compliance, or future eligibility.
10. Current and Future Services
HPLY may modify, expand, restrict, suspend, or discontinue Services or functionality, subject to applicable law and any binding contractual obligations.
HPLY may introduce merchandise, loyalty or rewards programs, mobile applications, artificial intelligence or automated tools, employer-giving functionality, peer-to-peer fundraising, APIs, integrations, international functionality, or other products and Services in the future.
The provisions in these Terms addressing a feature, functionality, communication channel, product, integration, or Service that HPLY has not yet made available apply only to the extent HPLY makes the applicable feature, functionality, communication channel, product, integration, or Service available.
Additional or supplemental terms may apply if such features become available.
USER CONDUCT, ACCEPTABLE USE, PROHIBITED ACTIVITIES, AND ENFORCEMENT
1. Acceptable Use
Users must use HPLY only for lawful purposes consistent with these Terms and the Acceptable Use Policy.
Use of the Services must not interfere with other Users, Nonprofit Organizations, Payment Processors, service providers, or platform operations.
2. Prohibited Conduct
Users may not engage in fraud, impersonation, money laundering, sanctions evasion, phishing, scraping, credential attacks, malicious-code distribution, payment abuse, unauthorized automation, or other conduct prohibited by the Acceptable Use Policy.
Users may not misrepresent Nonprofit Organization affiliation or represent themselves as acting on HPLY’s behalf without authorization.
3. User Content
Users remain responsible for content they submit and represent that they possess all rights, permissions, licenses, releases, and consents necessary to submit and authorize HPLY’s permitted use of that content.
By submitting content through the Services, a User grants HPLY a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, format, display, distribute, transmit, and technically adapt that content as reasonably necessary to operate, secure, administer, support, and improve the applicable Services.
HPLY may use User Content for promotional purposes only where the User has authorized that use or where otherwise permitted by applicable law. Nonprofit Organization Content is additionally governed by the license and consent provisions of the Nonprofit Organization Participation Agreement.
HPLY may restrict or remove content that violates these Terms, the Acceptable Use Policy, Community Guidelines, applicable law, or another person’s rights.
4. Enforcement
HPLY may investigate suspected violations and may warn, restrict, suspend, terminate, preserve evidence, remove content, revoke credentials, or cooperate with lawful authorities and service providers where appropriate.
HPLY may act without prior notice when reasonably necessary to address imminent harm, fraud, security compromise, sanctions concerns, unlawful activity, payment risk, or material platform-integrity risk.
DONATIONS, PAYMENTS, REFUNDS, AND TAX MATTERS
1. Donation Processing
HPLY facilitates charitable Donations to participating Nonprofit Organizations.
Donations are currently processed by Stripe through Stripe Connect. HPLY may designate another Payment Processor in the future.
HPLY does not take ownership of donated funds merely because a Donation is initiated through the Services. That fact does not limit any legal status or obligation independently imposed on HPLY by applicable law.
A Donation may remain subject to payment authorization, fraud review, sanctions screening, Payment Processor acceptance, settlement, refund, reversal, chargeback, legal process, and other lawful adjustments.
Donation-specific authorization, processing, finality, recurring-Donation, privacy, refund, reversal, chargeback, and dispute rules are governed by HPLY’s Donation & Refund Policy.
2. Nonprofit Organization Payment Accounts
A Nonprofit Organization that receives Donations through HPLY may be required to establish or maintain an account with the applicable Payment Processor and satisfy applicable onboarding, identity, taxpayer, banking, sanctions, payment, and regulatory requirements.
Payment Processors operate independently under their own terms.
Nonprofit Organization-specific payment, accounting, eligibility, cooperation, and regulatory obligations are governed by the Nonprofit Organization Participation Agreement.
3. Service Fee
HPLY does not currently charge a Service Fee for Donations.
HPLY may introduce a Service Fee in the future. Before a Service Fee applies, the amount or calculation method, payer, timing, and collection method will be disclosed through applicable pricing terms, the transaction flow, the Nonprofit Organization interface, an invoice, or another appropriate disclosure.
Payment Processors, financial institutions, card networks, currency providers, tax authorities, and other independent third parties may impose their own charges or assessments. Those amounts are not HPLY Service Fees.
4. Refunds and Chargebacks
Charitable Donations are generally final once successfully processed.
Refunds, reversals, chargebacks, unauthorized-payment claims, duplicate transactions, processing errors, technical errors, fraud, Nonprofit Organization-requested refunds, and other Donation adjustments are governed by the Donation & Refund Policy, applicable law, and applicable Payment Processor requirements.
Submission of a refund request does not guarantee a refund.
5. Donation Information
HPLY may provide a participating Nonprofit Organization only the information reasonably necessary for payment processing, reconciliation, legal compliance, Donation administration, or another expressly authorized purpose.
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.
HPLY’s collection, use, and disclosure of Personal Information are further described in the Privacy Policy and, where applicable, the California Privacy Notice.
6. Donation Acknowledgments and Tax Matters
HPLY does not provide tax, legal, or accounting advice and does not guarantee that any Donation is tax deductible.
Participating Nonprofit Organizations remain responsible for legally required charitable acknowledgments unless HPLY expressly agrees otherwise.
Donors are responsible for consulting their own tax advisers concerning the treatment of a Donation.
INTELLECTUAL PROPERTY, CONTENT, COPYRIGHT, AND PLATFORM RIGHTS
1. HPLY Intellectual Property
The Services and their software, interfaces, designs, graphics, text, organization, databases, compilations, trademarks, logos, service marks, trade dress, and other HPLY-owned content are owned by or licensed to HPLY and are protected by applicable intellectual-property laws.
Except for the limited right to use the Services under these Terms, no rights are transferred to Users.
Users may not copy, modify, reproduce, distribute, sell, license, reverse engineer, create derivative works from, or commercially exploit HPLY intellectual property except as expressly permitted by HPLY or applicable law.
2. Nonprofit Organization Content
Names, logos, trademarks, photographs, descriptions, and other content belonging to participating Nonprofit Organizations remain owned by the applicable Nonprofit Organization or other rights holder.
HPLY’s rights to use approved Nonprofit Organization Content are governed by the Nonprofit Organization Participation Agreement and applicable law.
3. Copyright Complaints
Copyright complaints and statutory procedures under the Digital Millennium Copyright Act are governed by the HPLY DMCA & Copyright Policy.
A moderation appeal under the Community Guidelines does not replace a statutory DMCA counter-notification process.
4. Feedback
If a User voluntarily provides suggestions, ideas, feature requests, comments, or other feedback concerning HPLY or the Services, HPLY may use that feedback without restriction or compensation, 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.
PRIVACY, SECURITY, COMMUNICATIONS, AND THIRD-PARTY SERVICES
1. Privacy
HPLY’s collection, use, disclosure, retention, and protection of Personal Information are described in the Privacy Policy.
California-specific privacy disclosures are provided in the California Privacy Notice.
Use of cookies and similar technologies is addressed in the Cookie Policy.
Nothing in these Terms expands HPLY’s right to collect or use Personal Information beyond applicable law and HPLY’s applicable privacy disclosures.
2. Security
HPLY uses reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Services and Personal Information HPLY Processes.
No internet service, software, payment system, authentication mechanism, or data-storage system can guarantee absolute security.
Users are responsible for taking reasonable measures to protect their devices, credentials, payment methods, and accounts.
HPLY may restrict access, require verification, terminate sessions, revoke credentials, or take other reasonable measures in response to suspected security risks.
3. Electronic Communications
Users consent to receive electronic communications from HPLY concerning accounts, Donations, transactions, security, support, Nonprofit Organization participation, legal notices, and other Services.
Electronic communications may be provided by email, through the Services, account messages, website notices, or other reasonable electronic means.
Users are responsible for maintaining accurate contact information.
Where applicable law requires separate consent for marketing, SMS, push notifications, or another communication channel, HPLY will obtain or honor that consent as required.
4. Third-Party Services
The Services may incorporate, link to, depend on, or interact with third-party services, including Payment Processors, hosting providers, identity or verification providers, app stores, communications providers, security providers, commerce providers, social-media services, embedded content, and other technology providers where applicable.
Third-party providers may operate under their own terms and privacy practices.
HPLY is not responsible for the independent acts, omissions, representations, security practices, functionality, fees, outages, authorization decisions, or legal compliance of third parties HPLY does not control, except to the extent applicable law independently assigns responsibility to HPLY.
HPLY does not guarantee the continued availability of any third-party service or integration.
FUTURE FEATURES, AUTOMATED TECHNOLOGIES, MOBILE SERVICES, AND COMMERCIAL FUNCTIONALITY
The provisions in this section apply only to the extent HPLY makes the applicable functionality available.
1. Automated and Artificial Intelligence Technologies
HPLY may develop, use, or make available artificial intelligence, machine learning, rules-based systems, algorithms, or other automated tools to support search, Nonprofit Organization discovery, recommendations, fraud detection, security, moderation, accessibility, data quality, customer support, or other Services.
Automated outputs may be incomplete, inaccurate, or inappropriate for a particular purpose and should not be treated as professional legal, tax, financial, medical, or other expert advice.
Where applicable law requires notice, consent, access, opt-out rights, or other protections concerning a particular use of automated technology, HPLY will provide those protections as required.
2. Mobile Applications
If HPLY makes a mobile application available, use of the application may be subject to the Mobile Application Terms and applicable app-store requirements.
Availability through an app store does not make the app-store provider a party to these Terms except where applicable third-party terms expressly provide otherwise.
3. Merchandise and Loyalty Features
If HPLY offers merchandise, loyalty points, rewards, redemption products, or similar functionality, applicable transactions may be subject to the Merchandise Terms and Return Policy and other transaction-specific disclosures.
Promotional points or rewards are separate from charitable Donations and do not increase the amount donated to a Nonprofit Organization.
4. APIs, Integrations, and Developer Functionality
If HPLY makes APIs, developer tools, integrations, or similar functionality available, HPLY may impose additional access, security, rate-limit, authentication, data-use, and technical requirements.
HPLY may restrict or revoke access where reasonably necessary to protect the Services, Users, Nonprofit Organizations, security, or legal compliance.
5. Beta and Experimental Features
HPLY may identify certain features as beta, preview, experimental, early access, testing, or similar pre-release functionality.
Such functionality may be incomplete, unstable, changed, restricted, or discontinued and may be subject to supplemental terms.
Nothing in this Section limits rights or warranties that cannot lawfully be waived.
WARRANTIES, DISCLAIMERS, LIABILITY, AND INDEMNIFICATION
1. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
HPLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
HPLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ALL TIMES, OR FREE FROM HARMFUL COMPONENTS.
HPLY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, LEGAL STATUS, FINANCIAL CONDITION, PROGRAM PERFORMANCE, IMPACT, CONDUCT, OR USE OF FUNDS OF ANY NONPROFIT ORGANIZATION OR OTHER THIRD PARTY.
Nothing in these Terms excludes or limits an express warranty, statutory guarantee, consumer protection, or other right that applicable law does not permit HPLY to disclaim.
2. Donation Disclaimer
HPLY facilitates charitable giving through technology and payment integrations but does not guarantee a Nonprofit Organization’s programs, impact, conduct, financial condition, continued eligibility, use of Donation proceeds, or tax treatment of a Donation.
HPLY does not take ownership of donated funds merely because a Donation is initiated through the Services.
Neither HPLY’s role as a technology platform nor its lack of ownership of donated funds limits or disclaims any status, responsibility, or obligation that applicable law independently assigns to HPLY, including any status or obligation under laws governing charitable fundraising platforms or trustees for charitable purposes.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HPLY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HPLY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT THE USER PAID DIRECTLY TO HPLY FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED U.S. DOLLARS (US $100).
The foregoing limitations do not exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law, including liability that cannot lawfully be limited for fraud, willful misconduct, gross negligence, personal injury, statutory consumer rights, or other non-waivable obligations.
A more specific written agreement with HPLY may establish a different liability framework for the relationship governed by that agreement.
4. Indemnification
To the fullest extent permitted by applicable law, a User agrees to defend, indemnify, and hold harmless HPLY and its affiliates, officers, directors, employees, agents, representatives, service providers, and licensors from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:
(a) the User’s unlawful or unauthorized use of the Services;
(b) the User’s material violation of these Terms or another applicable HPLY policy or agreement;
(c) User Content that infringes, misappropriates, or otherwise violates a third party’s intellectual-property, privacy, publicity, or other rights;
(d) fraud, impersonation, payment abuse, security circumvention, or other unlawful conduct by the User; or
(e) the User’s misuse of a Nonprofit Organization, merchant, purchaser, Donor, account-holder, or other account or transactional role.
This Section does not require indemnification to the extent prohibited by applicable consumer law or other applicable law.
Nonprofit Organization-specific indemnification obligations are governed by the Nonprofit Organization Participation Agreement to the extent applicable.
SUSPENSION, TERMINATION, DISPUTE RESOLUTION, AND GOVERNING LAW
1. Suspension
HPLY may suspend or restrict access to the Services where permitted by law, including in response to suspected fraud, abuse, security risk, sanctions concerns, payment risk, legal requirements, policy violations, or threats to platform integrity.
Nonprofit Organization-specific suspension, restriction, deactivation, and termination are governed by the Nonprofit Organization Participation Agreement.
2. Termination
HPLY may terminate accounts or access where permitted by law, including for repeated violations, fraud, abuse, inactivity, legal requirements, sanctions compliance, payment restrictions, security risk, or operational necessity.
Users may discontinue use of the Services and request account closure, subject to applicable law and HPLY’s Privacy Policy.
3. Effect of Termination
Termination ends licenses granted under these Terms.
HPLY may disable credentials, revoke sessions, and remove or preserve content following termination. HPLY may preserve or retain information following termination in accordance with the Privacy Policy and applicable law.
Termination does not eliminate rights, liabilities, or obligations accrued before termination.
4. Survival
Provisions concerning intellectual property, licenses, accrued payment obligations, indemnification, limitations of liability, dispute resolution, governing law, privacy, retained records, fraud, enforcement, and other provisions that by their nature should continue will survive termination to the extent necessary to fulfill their purpose.
5. Governing Law
These Terms and disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to its conflict-of-law principles, except to the extent federal law governs a particular issue or applicable law requires otherwise.
6. Informal Dispute Resolution
Before initiating arbitration, a User or HPLY must provide the other party with written notice describing the nature of the dispute and the relief requested and must provide a reasonable opportunity to attempt in good faith to resolve the dispute informally.
A notice to HPLY must be sent to support@hply.org or to the mailing address stated in Section 16 below and must contain sufficient information to permit HPLY to identify the User and understand the dispute.
HPLY may provide a dispute notice to the email address or other contact information associated with the User’s account or transaction.
The parties will cooperate reasonably in the informal process.
This requirement does not prevent either party from taking action necessary to preserve a claim before an applicable limitations period expires or from seeking temporary or preliminary injunctive relief as provided below.
7. Individual Arbitration
Except for a claim eligible for small claims court and a request for temporary or preliminary injunctive relief as described below, a dispute, claim, or controversy between HPLY and an individual User arising out of or relating to these Terms or the Services that cannot be resolved through the informal process will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.
The arbitration will be conducted by one arbitrator unless the applicable AAA rules require otherwise.
The arbitrator may award any relief available to the individual User or HPLY under applicable law and these Terms.
Issues concerning the interpretation, applicability, enforceability, or formation of this arbitration provision will be determined in accordance with applicable law and the AAA Consumer Arbitration Rules.
Arbitration may be conducted remotely or at another location permitted by the AAA Consumer Arbitration Rules and applicable law.
AAA filing, administrative, and arbitrator fees will be allocated in accordance with the AAA Consumer Arbitration Rules and applicable law.
Judgment on an arbitration award may be entered in any court having jurisdiction.
If a dispute arises specifically between HPLY and a participating Nonprofit Organization acting in its organizational capacity under the Nonprofit Organization Participation Agreement, the dispute-resolution provisions of that agreement govern to the extent they expressly apply to that Nonprofit Organization-specific dispute.
8. Small Claims and Injunctive Relief
Either HPLY or an individual User may bring an individual action in a court of competent jurisdiction that qualifies as a small claims proceeding, provided the claim remains within that court’s jurisdiction and proceeds only on an individual basis.
Either party may seek temporary or preliminary injunctive or other provisional equitable relief from a court of competent jurisdiction when reasonably necessary to prevent actual or threatened fraud, unauthorized access to the Services or Personal Information, security compromise, misuse of confidential information, infringement or misappropriation of intellectual property, violation of law creating imminent harm, or another circumstance in which temporary judicial relief is reasonably necessary to preserve the status quo or prevent irreparable harm pending arbitration.
Seeking provisional relief does not waive arbitration of the underlying dispute.
9. Class, Collective, and Representative Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH INDIVIDUAL USER AND HPLY AGREES THAT A DISPUTE SUBJECT TO ARBITRATION WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION, EXCEPT TO THE EXTENT APPLICABLE LAW PROHIBITS ENFORCEMENT OF THIS WAIVER.
10. Jury Trial Waiver
TO THE EXTENT A DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY WAIVES THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Arbitration Severability
If any portion of Sections 7 through 10 is held invalid or unenforceable, that portion will be enforced to the maximum extent permitted by applicable law.
If a class, collective, mass, consolidated, representative, or private-attorney-general waiver is held unenforceable as to a particular claim or request for relief, that claim or request for relief will proceed in a court of competent jurisdiction to the extent required by applicable law, and the enforceable portions of the arbitration agreement will remain effective.
12. Government Agencies
Nothing in these Terms prevents a User from reporting a matter to, communicating with, cooperating with, or filing a complaint with a governmental, regulatory, or law-enforcement authority.
Nothing in the arbitration provisions requires a User to notify HPLY before making a report to a governmental authority where applicable law permits the report without notice.
GENERAL TERMS
13. Electronic Communications and Records
Electronic acceptance of these Terms is valid to the extent permitted by applicable law.
HPLY may retain electronic records reasonably necessary to document account activity, transactions, acceptance, notices, and other interactions in accordance with the Privacy Policy and applicable law.
Electronic notices, records, signatures, and copies may have the same legal effect as paper originals to the extent permitted by applicable law.
14. Assignment
Users may not assign or transfer these Terms or rights under them without HPLY’s prior written consent, except where applicable law provides otherwise.
HPLY may assign or transfer these Terms or its rights and obligations in connection with a merger, acquisition, financing, reorganization, corporate restructuring, sale of assets, change of control, or similar transaction, or to an affiliate or successor, subject to applicable law.
15. 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, war, terrorism, civil unrest, labor disruptions, governmental actions, sanctions, cyberattacks, telecommunications failures, utility outages, cloud-service interruptions, Payment Processor or payment-network failures, app-store failures, carrier disruptions, or similar events.
This Section does not excuse any obligation or remedy that applicable law requires despite the event.
16. Notices and Contact Information
Questions, support requests, dispute notices, or other communications concerning these Terms may be directed to:
HPLY Inc. 3517 Camino del Río South Suite 215, Mailbox #83 San Diego, CA 92108 United States
Email: support@hply.org
HPLY may provide notices through email, account notifications, the Services, website notices, or another reasonable method permitted by applicable law.
Users are responsible for maintaining current contact information associated with their accounts.
17. Entire Agreement and Order of Precedence
These Terms, together with the additional agreements and policies applicable to the relevant User, Service, transaction, content, or relationship, constitute the applicable agreement between HPLY and the User concerning the Services.
If a more specific HPLY agreement or policy expressly governs a particular subject, transaction, feature, or relationship, that more specific agreement or policy controls with respect to that subject to the extent of a conflict.
Without limiting the foregoing, the Donation & Refund Policy governs Donation-specific matters; the Nonprofit Organization Participation Agreement governs Nonprofit Organization-specific participation obligations and organizational disputes; the Merchandise Terms and Return Policy governs merchandise-specific matters; and the Mobile Application Terms govern mobile-application-specific matters.
18. Severability
Except as otherwise provided in the arbitration severability provisions, if any provision of these Terms is held invalid, illegal, or unenforceable, the provision will be enforced to the maximum extent permitted by applicable law or severed to the minimum extent necessary, and the remaining provisions will remain in effect.
19. Waiver
HPLY’s failure or delay in enforcing a provision does not waive that provision or HPLY’s right to enforce it later.
Any waiver must be in writing and applies only to the specific circumstance for which it is given.
20. Interpretation
Headings are for convenience and do not affect interpretation.
“Including” means “including without limitation.”
References to laws include amendments, successor provisions, and applicable implementing regulations where appropriate.
Singular and plural terms include each other where the context reasonably requires.
21. No Third-Party Beneficiaries
Except where these Terms or applicable supplemental terms expressly identify a third-party beneficiary, these Terms do not create rights in any third party.
22. Amendments
HPLY may update these Terms prospectively to reflect changes in law, regulation, security, operations, payment services, products, technology, or business practices.
HPLY will provide notice of material changes where required by applicable law.
Continued use of the Services following an update constitutes acceptance only where permitted by applicable law. Where applicable law requires affirmative consent, HPLY will obtain that consent before the applicable change becomes binding.
23. Non-Waivable Rights
Nothing in these Terms waives, restricts, disclaims, or limits a consumer, privacy, charitable, payment, accessibility, statutory, or other right that applicable law does not permit HPLY to waive, restrict, disclaim, or limit.