END USER LICENSE AGREEMENT
Last updated March 03, 2025
EULA is licensed to you (the End User) by Crisp UG, situated and registered at Pestalozzistraße 25, 22305 Hamburg, Germany, __________22305, Germany ('Licensor'), for use solely under the terms of this License Agreement. Our VAT number is DE366374752.
By downloading the Licensed Application from Apple's software distribution platform ('App Store') and Google's software distribution platform ('Play Store'), along with any updates thereto (as permitted by this License Agreement), you indicate your agreement to be bound by all the terms and conditions of this License Agreement, and that you accept this License Agreement. The App Store and Play Store are collectively referred to in this License Agreement as 'Services'.
The parties to this License Agreement acknowledge that the Services are not a party to this License Agreement and are not bound by any provisions or obligations pertaining to the Licensed Application, including warranty, liability, maintenance, and support. Crisp UG, rather than the Services, is solely responsible for the Licensed Application and its content.
This License Agreement may not include usage rules for the Licensed Application that conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). CrispUG acknowledges that it has had the opportunity to review the Usage Rules, and this License Agreement does not conflict with them.
The EULA, when purchased or downloaded through the Services, is licensed to you for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to you. The EULA is to be used on devices that operate with Apple's operating systems ('iOS' and 'Mac OS') or Google's operating system ('Android').
1. THE APPLICATION
EULA ('Licensed Application') is a piece of software created to __________ — and customised for iOS and Android mobile devices ('Devices'). It is used to __________. The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF License
2.1 You are given a non-transferable, non-exclusive, non-sublicensable License to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This License will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate License is provided for such update, in which case the terms of that new License will govern.
2.3 You must not share or make the Licensed Application available to third parties (except to the extent permitted by the Usage Rules and with prior written consent from Crisp UG), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.
2.4 You must not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application or any part thereof (except with Crisp UG's prior written consent).
2.5 You must not copy (except when expressly authorised by this License and the Usage Rules) or alter the Licensed Application or any part thereof. You may create and store copies solely on devices that you own or control for backup purposes in accordance with this License, the Usage Rules, and any other applicable terms and conditions related to the device or software used. You must not remove any intellectual property notices. You acknowledge that unauthorised third parties must not gain access to these copies at any time. If you sell your devices to a third party, you must first remove the Licensed Application from the devices before doing so.
2.6 Breaches of the obligations stated above, along with any attempts to commit such infringements, may be subject to prosecution and damages.
2.7 The Licensor reserves the right to amend the terms and conditions of the License.
2.8 Nothing in this License should be construed as limiting the terms of third parties. When using the Licensed Application, you must ensure compliance with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires firmware version 1.0.0 or higher. The Licensor recommends using the latest version of the firmware.
3.2 The Licensor endeavours to maintain the Licensed Application in alignment with updated or new versions of the firmware and any new hardware. You are not permitted to assert rights over such updates.
3.3 You acknowledge that it is your responsibility to confirm and establish that the app end-user device on which you intend to use the Licensed Application meets the technical specifications outlined above.
3.4 The Licensor reserves the right to modify the technical specifications as it deems appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this licensed Application.
4.2 Crisp UG and the End-User acknowledge that the Services have no obligation whatsoever to provide any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that the Licensor will have access to and can modify your downloaded licensed application content as well as your personal information. You also understand that the Licensor's use of such materials and information is governed by your legal agreements with the Licensor and the Licensor's privacy policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals, in order to offer product support, facilitate software updates, and provide other services to you (if any) related to the Licensed Application. The Licensor may also utilise this information to enhance its products or to provide services or technologies to you, provided it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities. It may also provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or within the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively referred to as 'Contributions'). Contributions may be visible to other users of the Licensed Application as well as through third-party websites or applications. Accordingly, any Contributions you transmit may be regarded as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:
1. The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of your Contributions do not infringe, and will not infringe, upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret or moral rights of any third party.
2. You are the creator and owner of, or possess the necessary Licenses, rights, consents, releases, and permissions to use and authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to facilitate the inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your contributions are neither false, inaccurate, nor misleading.
5. Your contributions are neither unsolicited nor unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are neither obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, nor otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions may not be used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
9. Your contributions do not violate any applicable law, regulation, or rule.
10. Your contributions do not violate the privacy or publicity rights of any third party.
11. Your contributions do not violate any applicable laws concerning child pornography, or other regulations intended to protect the health and well-being of minors.
12. Your Contributions do not include offensive comments about race, national origin, gender, sexual preference, or physical handicap.
13. Your contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application that contravenes the above terms constitutes a violation of this License Agreement and may lead to, among other outcomes, the termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION License
By posting your Contributions to any part of the Licensed Application or by making Contributions accessible to the Licensed Application through linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and License to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, whether commercial advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such as Contributions, and grant and authorise subLicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This License will apply to any form, media, or technology now known or hereafter developed. It includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not claim any ownership over your Contributions. You retain full ownership of all your Contributions, along with any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations made in your Contributions within the Licensed Application. You bear sole responsibility for your Contributions to the Licensed Application and you expressly agree to relieve us of any and all responsibility, refraining from any legal action against us concerning your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 The Licensor's responsibility in the event of a breach of obligations and tort will be confined to cases of intent and gross negligence. Only in instances of a violation of essential contractual duties (cardinal obligations) will the Licensor also be liable in cases of slight negligence. In all instances, liability will be restricted to foreseeable, contractually typical damages. This limitation does not apply to injuries causing death, loss of limb, or health.
8.2 The Licensor assumes no accountability or responsibility for any damages caused by a breach of duties as outlined in Section 2 of this License Agreement. To prevent data loss, you are required to utilise the backup functions of the Licensed Application to the extent permitted by applicable third-party terms and conditions of use. You acknowledge that if there are alterations or manipulations to the Licensed Application, you will not have access to it.
9. WARRANTY
9.1 The Licensor warrants that the Licensed Application is free from spyware, trojan horses, viruses, or any other malware at the time of your download. The Licensor also warrants that the Licensed Application functions as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with unsuitable hardware or software, or used with inappropriate accessories, whether by yourself or by third parties, or if there are any other reasons outside of Crisp UG's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and to notify Crisp UG about any issues discovered without delay via the email provided in the Contact Information. The defect report will be taken into consideration and further investigated if it is emailed within a period of ten (10) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Crisp UG reserves the right to remedy the situation by solving the defect or substituting delivery.
9.5 In the event that the Licensed Application fails to conform to any applicable warranty, you may notify the Services Store Operator, and your purchase price for the Licensed Application will be refunded. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligations whatsoever regarding the Licensed Application, nor any other losses, claims, damages, liabilities, expenses, or costs arising from any negligence in adhering to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the licensed Application was made available to the user. The statutory periods of limitation given by law apply to consumers.
10. PRODUCT CLAIMS
Crisp UG and the End-User acknowledge that Crisp UG, and not the Services, is responsible for addressing any claims made by the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) Claims for product liability.
(ii) any claim that the Licensed Application does not conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with your Licensed Application’s use of HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that you are not located in a country that is subject to a US Government embargo, nor one that has been designated by the US Government as a 'terrorist-supporting' country; and that you are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims regarding the Licensed Application, please contact:
__________
Pestalozzistraße 25, 22305 Hamburg, Germany
Hamburg, __________ 22305
Germany
hello@myhuma.ai
13. TERMINATION
The License is valid until terminated by Crisp UG or by you. Your rights under this License will terminate automatically and without notice from Crisp UG if you fail to adhere to any term(s) of this License. Upon termination of the License, you shall cease all use of the Licensed Application and destroy all copies, whether full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Crisp UG represents and warrants that it will comply with applicable third-party terms of agreement when using the Licensed Application.
In accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement', both Apple and Google, along with their subsidiaries, shall be third-party beneficiaries of this End User License Agreement. Upon your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Crisp UG and the End-User acknowledge that, in the event of any third-party claim alleging that the Licensed Application or the End-User's possession and use of that Licensed Application infringes upon the third party's intellectual property rights, Crisp UG, rather than the Services, will bear sole responsibility for the investigation, defence, settlement, and discharge of any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of Germany, excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 Should any of the terms of this agreement be deemed invalid, the validity of the remaining provisions shall remain unaffected. Invalid terms will be substituted with valid ones crafted to fulfil the primary purpose.
17.2 Collateral agreements, modifications, and amendments are valid only if set down in writing. The preceding clause may be waived only in writing.
AGREEMENT TO OUR LEGAL TERMS
We are Huma ('Company', 'we', 'us', or 'our'), a company registered in Germany at Pestalozzistraße 25, 22305 Hamburg, Germany. Our VAT number is DE366374752.
We operate the mobile application Huma (the 'App'), as well as any other related products and services that refer to or link to these legal terms (the 'Legal Terms') (collectively, the 'Services') [Description of services]
You can reach us by phone at +49 177 2883815, via email at hello@myhuma.ai, or by post at Pestalozzistraße 25, 22305 Hamburg, Germany.
These Legal Terms constitute a binding agreement between you, either personally or on behalf of an entity ('you'), and Huma, concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and accepted your obligation to comply with all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES, AND YOU MUST IMMEDIATELY CEASE YOUR USE.
We will inform you ahead of any scheduled changes to the services you are using. As mentioned in the email, the revised legal terms will take effect upon posting or notification to hello@myhuma.ai. By continuing to use the Services after the effective date of any changes, you consent to be bound by the revised terms.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use would contravene legal provisions or regulations or would impose any registration requirements upon us within that jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so at their own initiative and are entirely responsible for complying with local laws, insofar as those laws are applicable.
The Services are not intended to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA). Therefore, if your interactions fall under such laws, you must refrain from using the Services. Moreover, you are prohibited from using the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We own or hold the License for all intellectual property rights in our Services, which includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our content and marks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable License to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@myhuma.ai. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services and Content.
Ensure that any copyright or proprietary notice is visible when posting, reproducing, or displaying our content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand (a) the rights you grant us and (b) your obligations when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own these Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functions during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services. This includes, but is not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a License (including the use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and License to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise; to prepare derivative works of, or incorporate into other works your Contributions; and to subLicense the Licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This License encompasses our use of your name, company name, and franchise name, where applicable, along with any trademarks, service marks, trade names, logos, and personal and commercial images that you provide.
You are responsible for what you post or upload. By sending us submissions and/or posting contributions through any part of the services, or by making contributions accessible through the services by linking your account to any of your social networking accounts, you:
• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission, nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permitted by applicable law, waive any and all moral rights to such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and Licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the aforementioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are entirely responsible for your Submissions and/or Contributions, and you expressly agree to compensate us for any and all losses that we may incur due to your infringement of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your content: Although we have no obligation to monitor any contributions, we reserve the right to remove or edit any contributions at any time without notice if, in our reasonable opinion, we consider such contributions to be harmful or in breach of these legal terms. If we remove or edit any such contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer immediately to the 'COPYRIGHT INFRINGEMENTS' section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person,per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order. The length of your billing cycle is either monthly or annually.
Free Trial
We offer a 7-day free trial to new users who register for the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are dissatisfied with our services, please email us at hello@myhuma.ai.
Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price alterations to you in accordance with applicable law.
8. REFUNDS POLICY
All sales are final; no refunds will be issued.
9. PROHIBITED ACTIVITIES
You must not access or use the Services for any purpose other than that for which they are made available. You must not use the Services in connection with any commercial endeavours except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically collect data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our explicit written consent.
• Trick, defraud, or mislead us and other users, especially in any attempt to acquire sensitive account information, such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our perspective, us and/or the services.
• Utilise any information obtained from the Services to harass, abuse, or harm another individual.
• Misuse our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other materials, including excessive use of capital letters and spamming (the continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Avoid any automated system usage, such as employing scripts to send comments or messages, or utilising data mining, robots, or other similar data gathering and extraction tools.
• Remove the copyright or any other proprietary rights notice from any content.
• Strive to impersonate another user or individual or utilise another user’s username.
• Upload or transmit (or attempt to upload or transmit) any material that serves as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ('GIFs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware', 'passive collection mechanisms', or 'PCMs').
• Interfere with, disrupt, or impose an unreasonable burden on the Services or the networks or services linked to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents who are providing any portion of the Services to you.
• Strive to circumvent any measures implemented on the Services to prevent or limit access to the Services or any part thereof.
• Copy or adapt the Services software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, do not decipher, decompile, disassemble, or reverse engineer any software comprising or forming a part of the Services.
• Except where it may result from standard search engine or Internet browser usage, do not use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, nor should you use or launch any unauthorised script or other software.
• Engage a buying agent or purchasing agent to make purchases on the Services.
• No unauthorised use of the Services is permitted, including collecting usernames and/or email addresses from users by electronic or other means to send unsolicited emails, or creating user accounts through automated methods or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise utilise the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
10. USER-GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities. They may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information, or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner, or have the necessary Licenses, rights, consents, releases, and permissions to use and authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have obtained the written consent, release, and/or permission of every identifiable individual in your Contributions to use the name or likeness of each identifiable person, thereby enabling the inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your contributions are neither false, nor inaccurate, nor misleading.
Your contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your contributions are not intended to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific individual or group of people.
Your contributions do not contravene any applicable laws, regulations, or rules.
Your contributions do not violate the privacy or publicity rights of any third party.
Your contributions do not violate any applicable laws relating to child pornography, or otherwise intended to protect the health and well-being of minors.
Your Contributions do not include offensive comments about race, national origin, gender, sexual preference, or physical handicap.
Your contributions do not otherwise violate, or connect to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the aforementioned constitutes a breach of these Legal Terms and may lead to, among other consequences, the termination or suspension of your rights to utilise the Services.
11. CONTRIBUTION License
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and License to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise subLicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This License will apply to any form, media, or technology now known or hereafter developed. It includes our use of your name, company name, and franchise name, as applicable, along with any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not been otherwise asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations made in your Contributions. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility, as well as to refrain from any legal action against us concerning your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We are not obligated to monitor your Contributions.
12. MOBILE APPLICATION License
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application License contained in these Legal Terms. You must not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modifications, adaptations, improvements, enhancements, translations, or derivative works from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users simultaneously; (7) use the App to create a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to dispatch any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the License granted to you for our App is limited to a non-transferable License to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the relevant App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services concerning the App as specified in the terms and conditions of this mobile application License contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the relevant App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement while using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application License contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application License against you as a third-party beneficiary thereof.
13. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing your Third-Party Account login information through the Services or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breaching any terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is accessible on and through the Services via your account, including, without limitation, any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet solely for the purpose of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture that become associated with your account.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse or restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: __________. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in Germany. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then by your continued use of the Services, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us immediately using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are uncertain that material located on or linked to by the Services infringes your copyright, you should consider contacting an attorney first.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR IN ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.However, we are not obligated to update any information on our Services.We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other issues, or may need to perform maintenance related to the Services, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms shall be construed to obligate us to maintain and support the Services, or to provide any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms are governed by and interpreted in accordance with the laws of Germany, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also possess the protection provided by mandatory provisions of the law in your country of residence. Huma and you both agree to submit to the non-exclusive jurisdiction of the courts in Hamburg, which means that you may make a claim to defend your consumer protection rights regarding these Legal Terms in Germany or in the EU country where you reside.
20. DISPUTE RESOLUTION
The European Commission offers an online dispute resolution platform, which you can access. If you would like to bring this matter to our attention, please contact us.
21. CORRECTIONS
Information on the Services, including descriptions, pricing, availability, and various other information, may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, along with our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) your use of the services; (3) any breach of these legal terms; (4) any violation of your representations and warranties outlined in these legal terms; (5) your infringement of the rights of a third party, including, but not limited to, intellectual property rights; or (6) any overtly harmful act towards any other user of the services with whom you connected through the services. Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding that falls under this indemnification when we become aware of it.
25. USER DATA
We will retain certain data that you transmit to the Services for the purpose of managing their performance, as well as data relating to your use of the Services. Although we conduct regular routine backups of data, you are solely responsible for all data that you transmit or that pertains to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of this data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or contact them by telephone at (800)952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or regarding the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be deemed a waiver of such right or provision. These Legal Terms apply to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us because of these Legal Terms or the use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signature by the parties hereto to execute these Legal Terms.
29. CONTACT US
To address a complaint about the Services or to gain further information regarding the use of the Services, please contact us at:
Huma
Pestalozzistraße 25, 22305 Hamburg, Germany
Hamburg, Hamburg 22305
Germany
Phone: +49 177 2883815
hello@myhuma.ai