TERMS OF SERVICE

(also the End User License Agreement for the Hugs911 mobile app)

hese Terms of Service (“Terms“) are a binding agreement between you and Hugs911 Homeowners Utility Guide Service ([[CONFIRM LEGAL ENTITY: e.g. “Hugs911 LLC, a [State] limited liability company”]]) (“Hugs911,” “we,” “us,” or “our“).

They govern your use of the Hugs911 mobile app for iPhone and Android, the website at hugs911.com, the public Hugs911 property map, and all related services (together, the “Service“).

Please read Section 3 carefully. It explains what Hugs911 is not, and it limits what you may rely on the Service for. Section 20 contains an arbitration agreement and a class-action waiver that affect how disputes between us are resolved.

1. ACCEPTANCE

By downloading, installing, accessing, or using the Service — or by clicking “I agree,” creating an account, or purchasing a subscription — you agree to these Terms and to our Privacy Policy, which is incorporated here by reference.

If you do not agree, do not use the Service. If you have already installed the app, delete it.

2. ELIBIGILITY

You must be at least 18 years old and legally able to enter into a contract. You must be located in the United States. By using the Service you represent that both are true.

3. HUGS911 IS NOT AN EMERGENCY SERVICE — CRITICAL LIMITATIONS

If you are agreeing to these Terms on behalf of a company, landlord, HOA, property-management firm, or other organization, you represent that you have authority to bind it, and “you” means that organization.

Read this section before you rely on Hugs911 for anything.

3.1 We are not 911

Hugs911 is not an emergency dispatch service, alarm-monitoring service, medical-alert service, or public-safety agency. Despite our name, we have no connection to 911, to any Public Safety Answering Point, or to any fire, police, or EMS agency.

Hugs911 does not summon help. Nothing you do in the app contacts anyone. Using the Service does not notify emergency services, your emergency contacts, your utility company, or us.

In an emergency, call 911 or your local emergency number. Never use Hugs911 instead of, or before, calling for help. Never delay calling 911 in order to open the app, generate a certificate, or look up a pin.

3.2 No one is guaranteed to see your information

We store your information and make the portions you designate available. We cannot and do not guarantee that anyone will look at it.

Specifically, we do not guarantee that first responders, dispatchers, utility crews, neighbors, witnesses, or Good Samaritans will (a) know Hugs911 exists, (b) look up your property, (c) find it, (d) do so in time, or (e) act on what they find. We have no agreement, integration, or data feed with any fire department, police department, EMS agency, dispatch center, or utility company that would push your information to them. [[If any such partnership is ever signed, this sentence must be updated.]]

Emergency personnel have their own protocols and are under no obligation to consult Hugs911.

3.3 The PIN can lock responders out

Information you mark Private is visible only to someone who enters your Property PIN.

If your medical information is Private and nobody present knows the PIN, that information will not be seen — not by paramedics, not by firefighters, not by a neighbor trying to help. Hugs911 has no override, no backdoor, and no way to release your private data during an emergency, and we will not attempt to.

You alone decide what is Private and who knows your PIN. We are not liable for any harm arising from private information not being accessible during an emergency, including because the PIN was forgotten, lost, never shared, or shared with someone who was not there.

3.4 Anything you make Public is genuinely public

Information you designate Public is served to anyone on the open internet, without a login or a PIN, once your property is published. This includes your street address, your name, your emergency contact numbers, your shutoff locations and their descriptions, and every household or pet field left Public — and a household member’s last name and allergies are Public by default.

This is a deliberate feature, and it carries real risk that you accept when you publish, including that a bad actor could learn your address, who lives there, their medical vulnerabilities, and where your utility shutoffs are. Section 4 of the Privacy Policy explains exactly what is exposed. Review your Public/Private settings before you publish, and re-review them whenever you add someone.

3.5 Operating utilities is dangerous, and the information is yours

Utility locations, descriptions, and instructions in your profile are entered by you and are not verified, inspected, or approved by us. We do not visit your property, and we have no way to know whether a pin is in the right place or a note is correct.

Shutting off gas, water, or electrical service can cause serious injury, death, fire, explosion, flooding, or property damage. Gas lines in particular should be handled by qualified personnel; once shut off, many gas services must be restored by the utility. Never operate a utility shutoff unless it is safe to do so and you are competent to do it.

You are solely responsible for the accuracy, completeness, and currency of everything in your profile — pins, descriptions, household records, medical details, and contacts. Review and update it when anything changes: a renovation, a move, a new resident, a new diagnosis, a new medication, a new phone number.

3.6 No medical advice

The Service stores health information; it does not interpret it. Nothing in the Service is medical advice, diagnosis, or treatment, and no one at Hugs911 reviews your entries. Consult a qualified professional for medical questions.

3.7 Availability

The Service depends on the internet, on your device, on cellular or Wi-Fi coverage, on electricity, and on third-party providers including Google and Apple. Any of these can fail — and they are especially likely to fail in exactly the disaster conditions when you might want the Service. The Service may be unavailable, slow, or incomplete during an outage, and we do not guarantee uptime.

Because of this, we strongly recommend you generate your Hugs911 Certificate PDF and keep a printed copy somewhere accessible in your home. A sheet of paper on the refrigerator works when the network does not.

4. WHAT THE SERVICE DOES

Subject to these Terms, the Service lets you:

  • Map utility shutoffs — search your address, capture a satellite image of your property, and place pins marking your gas, water, and electric shutoffs, each with a description;
  • Build a property profile — record household members and pets, including optional medical information such as allergies, medications, conditions, and blood type;
  • Control visibility — set each household and pet field to Public or Private, and protect the Private fields with a PIN you choose;
  • Publish to the public map — with an active subscription, make your property findable on the Hugs911 map so that responders, neighbors, and Good Samaritans can locate your shutoffs and your public information;
  • Generate a Certificate PDF — produce a printable emergency profile you can post in your home or share; and
  • Share — send your profile or Certificate by email, message, or your device’s share sheet.

We may change, add, or remove features at any time. If we discontinue a feature that was material to your subscription, Section 10.3 applies.

5. YOUR ACCOUNT

5.1 Registration. You must provide accurate information and keep it current. One account per person; accounts are personal to you and may not be sold or transferred.

5.2 Credentials. You are responsible for keeping your password confidential and for all activity under your account. Do not share your login. Notify us at support@hugs911.com immediately if you suspect unauthorized access.

5.3 Your Property PIN. You choose your PIN and you are solely responsible for it — for choosing one that is not easily guessed, for remembering it, for deciding who receives it, and for changing it if it is exposed.

  • We cannot recover your PIN for you during an emergency, and we will not release private data to anyone who does not present it.
  • Anyone with your PIN can see all of your private information, including all medical information for everyone in your household. Give it only to people you trust.
  • Do not reuse a PIN from your phone, bank, or alarm system.
  • You may change your PIN in the app at any time. Changing it does not retract information already viewed.

5.4 Accuracy. You are responsible for the accuracy of everything in your account. We do not verify it.

6. INFORMATION ABOUT OTHER PEOPLE

This section matters. Most of what you put into Hugs911 is about someone other than you.

6.1 Your representations. By entering information about any other person — an adult household member, a child, a tenant, an emergency contact — you represent and warrant that:

  • you have the legal right and all necessary permission to provide that information to us;
  • for any minor, you are that child’s parent or legal guardian, or you have their parent’s or guardian’s authorization, and you consent on their behalf;
  • you have informed each person, in substance, what Hugs911 does and that information marked Public will be publicly visible on the internet; and
  • you have their permission — or, for a minor, their parent’s or guardian’s permission — for each field you mark Public.

6.2 Sensitive information about others. Take particular care with another person’s medical conditions, medications, disabilities, mental-health conditions, dates of birth, and phone numbers. Publishing another person’s health information without their agreement can harm them and can expose you to liability. The default settings make a household member’s last name and allergies Public — check every member’s toggles.

6.3 Removal requests. If a person whose information appears in your profile asks us to remove it, we may remove or hide it. Where we can, we will tell you first.

6.4 Your responsibility. You are responsible for claims arising from information you entered about someone else. See Section 19.

7. ACCEPTABLE USE

You agree not to:

  1. enter information about a property you do not own, rent, occupy, or manage, or for which you lack authority;
  2. impersonate anyone, or create an account or profile for someone without their authority;
  3. enter deliberately false utility or medical information;
  4. use another person’s PIN without permission, or attempt to guess, brute-force, or circumvent any PIN or access control;
  5. scrape, crawl, harvest, bulk-download, or systematically collect data from the public map, our public endpoints, or any profile page; or use automated means to access the Service except as we expressly permit;
  6. use information obtained from the Service to stalk, harass, threaten, defraud, burgle, target, discriminate against, or otherwise harm anyone — including using it to assess anyone’s eligibility for employment, insurance, housing, or credit;
  7. resell, sublicense, republish, or commercially redistribute the Service or data obtained from it;
  8. probe, scan, penetration-test, overload, or interfere with the Service or its infrastructure, or introduce malware;
  9. reverse-engineer, decompile, or disassemble the app, except to the extent that restriction is unenforceable by law;
  10. remove or obscure any proprietary notice; or
  11. use the Service unlawfully or in violation of these Terms.

We may investigate suspected violations and take any action we consider appropriate, including removing content, suspending or terminating accounts, and reporting to law enforcement.

8. SUBSCRIPTIONS, BILLING, AND AUTO-RENEWAL

8.1 Free to download; subscription to publish

The Hugs911 app is free to download. You can create an account, build your property profile, place your utility pins, add household members and pets, and set your privacy toggles at no charge.

A paid subscription is required to publish your property to the public Hugs911 map and to unlock your emergency Certificate.

8.2 The plan

PLANTERMPRICERENEWS
Hugs911 Annual1 yearThe price shown in the app at the time you subscribeAutomatically, every year

The price, term, and title of the subscription are always displayed in the app on the purchase screen before you buy, and in the App Store or Google Play listing. Those displays control. Prices are in U.S. dollars and exclude any applicable tax, which Apple or Google will add.

[[TO CONFIRM BEFORE PUBLISHING — PRICING: The client's draft describes two tiers: $9.99/yr single-family and $19.99/yr multi-family/commercial. The shipping app offers ONE annual subscription product ("residential_yearly_sub") on both platforms. Publishing terms that advertise a tier the stores do not sell is a common cause of Apple rejection under Guideline 3.1.2 (subscription information integrity) and of consumer-protection complaints. Choose one: (a) publish with the single-plan table above and list the actual price once it is set in App Store Connect / Play Console; or (b) create the second product in both stores first, then replace the table with both tiers. Do not publish two tiers before both products exist.]]

8.3 There is no free trial

Hugs911 does not offer a free trial. You are charged in full when you subscribe.

8.4 How you are billed — Apple and Google, not us

All subscriptions are sold and processed by Apple (In-App Purchase) or by Google (Google Play Billing), depending on where you got the app. We do not process your payment, and we never see your card or bank details.

  • Payment is charged to your Apple Account or Google Play account immediately upon confirming the purchase.
  • Full access begins immediately once payment succeeds. Your property is published to the public map as soon as your subscription is active, provided you have placed all three utility pins and uploaded your satellite image. There is no waiting period and no manual approval step.
  • Your purchase is also subject to Apple’s or Google’s own terms — the Apple Media Services Terms and Conditions or the Google Play Terms of Service.

8.5 Automatic renewal

Your subscription renews automatically. Unless you cancel it, it will renew for another one-year term at the end of the current term, and your Apple or Google account will be charged the then-current price.

  • Apple charges within 24 hours before the end of the current period. Your subscription renews unless you cancel at least 24 hours before the current period ends.
  • Google charges on or shortly before the renewal date. Your subscription renews unless you cancel before then.

8.6 Price changes

We may change subscription prices. A price change will never take effect in the middle of a term you have already paid for. Before an increase applies to a renewal, Apple or Google will notify you and — as their rules require — obtain your consent or give you the chance to cancel. If you do not accept the new price, cancel before your renewal date.

8.7 Taxes

Prices exclude sales, use, VAT, and similar taxes. Apple or Google calculates and collects any tax due.

9. CANCELLATION AND REFUNDS

9.1 How to cancel — you must do it through the store

We cannot cancel your subscription for you, and deleting your Hugs911 account does not cancel it. Only you can, in your store account:

  • iPhone / iPad: Settings → tap your name → Subscriptions → Hugs911 → Cancel Subscription. (Or open the app’s account panel → Manage Subscription.)
  • Android: Google Play app → profile icon → Payments & subscriptions → Subscriptions → Hugs911 → Cancel.

Cancel your subscription before you delete your Hugs911 account, or you may keep being charged for a service you can no longer use.

9.2 What cancelling does

Cancelling stops future renewals. Your access continues until the end of the term you have already paid for, and your property stays on the public map until then. When the term ends, your property is removed from the public map and Certificate access ends.

Your data is not deleted when you cancel. Your profile, household records, and medical information remain in your account. To erase them, delete your account — see Section 11.

9.3 Refunds

We do not process refunds, because we do not process payments. All refunds for App Store and Google Play purchases are handled by Apple and Google under their own policies:

Except where a refund is granted by Apple or Google, or where law requires one, subscription fees are non-refundable and we do not prorate a partial year. Nothing in this section limits any non-waivable right you have under the consumer-protection law of your state.

10. SUSPENSION AND TERMINATION BY US

10.1 For cause. We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you have breached these Terms — including Section 6 or Section 7 — or that your use creates a legal, safety, or security risk to us, to the Service, or to any person. No refund is due for termination for cause.

10.2 Non-payment. If your subscription lapses or a charge is reversed, your property is unpublished and paid features stop.

10.3 Without cause. We may discontinue the Service, or terminate your account without cause, on at least 30 days’ notice to the email on your account. If we do, we will refund the unused portion of any prepaid term on a pro-rata basis — either directly or by requesting that Apple or Google do so — and we will give you a reasonable opportunity to export your Certificate and data first.

10.4 Effect. On termination, your license in Section 12 ends, your property is removed from the public map, and Sections 3, 6, 13–21, and 23 survive. We will handle your data as described in the Privacy Policy; termination by us does not automatically delete your data, and you may still request deletion.

[[NOTE FOR REVIEW — this Section 10 intentionally departs from the client’s draft. The draft said Hugs911 may "suspend or terminate your subscription and account access at any time, with or without cause, and without prior notice." Combined with a prepaid annual subscription and no refund, that clause is likely unenforceable as unconscionable in several states, invites chargebacks, and is the kind of term that draws scrutiny from Apple and from state consumer-protection regulators. The version above keeps immediate termination for cause — which is what actually matters operationally — and requires notice plus a pro-rata refund only when we terminate a paying customer who did nothing wrong. Recommend keeping it as written.]]

11. ACCOUNT AND DATA DELETION

You may delete your Hugs911 account and all associated data at any time:

  • In the app: account panel → Account → Delete Account. Immediate and permanent.
  • On the web, no login needed: https://hugs911.com/delete-account. Submit the email on your account; we verify it is you and then delete everything. Verified requests are completed within 30 days, usually much sooner.
  • By email: privacy@hugs911.com from your account address.

Deletion removes your credentials, profile, PIN, emergency contacts, every household member and pet record including all medical information, your property record and address, your utility pins, your satellite images, and your subscription record. Your property is removed from the public map.

Deletion is permanent and cannot be undone. Save your Certificate PDF first if you want a copy. Deletion does not cancel your subscription — see Section 9.1. Deletion cannot reach information already viewed, cached, screenshotted, or shared as a PDF.

Cancelling a subscription does not delete your data. If you want your medical information erased, you must delete your account.

12. LICENSE TO USE THE APP

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Hugs911 app on devices you own or control, and to use the Service, solely for your own non-commercial emergency-preparedness purposes — or, if you are a landlord, HOA, or property manager, for properties you are authorized to manage.

This is a license, not a sale. We and our licensors retain all rights not expressly granted.

13. YOUR CONTENT

13.1 You own it. You keep all rights in the information, images, pins, notes, and other content you submit (“Your Content“).

13.2 License to us. You grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, adapt, format, transmit, and display Your Content solely to operate and provide the Service to you — including publishing the portions you designate Public and generating your Certificate. This license is limited to running the Service. We will not use Your Content for advertising, marketing, or to train machine-learning models. It ends when you delete the content or your account, except for copies in backups aging out as described in the Privacy Policy, and except for copies already lawfully obtained by others from your public profile.

13.3 Responsibility. You are solely responsible for Your Content and for having the rights to submit it.

13.4 Our discretion. We may — but are not obliged to — review, remove, or refuse content that we believe violates these Terms or the law.

14. OUR INTELLECTUAL PROPERTY

The Service, including its software, design, text, graphics, the Hugs911 name and logo, and the Certificate format, is owned by us or our licensors and is protected by copyright, trademark, and other laws. You may not use our name or marks without our prior written permission.

Satellite imagery and mapping data are provided by Google and remain subject to Google’s rights and terms.

15. THIRD-PARTY SERVICES

The Service depends on services we do not control — Google (Firebase, Maps Platform, Places, Play) and Apple (App Store, StoreKit). Your use of the Service is also subject to their terms, including Google’s Terms of Service and the Google Maps/Google Earth Additional Terms.

We are not responsible for third-party services, for their availability, or for their acts or omissions. An outage or change at Google or Apple may degrade or interrupt the Service.

16. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the above, we do not warrant that:

  • the Service will be uninterrupted, available, timely, secure, or error-free — including during an emergency, disaster, or outage;
  • any information in the Service is accurate, complete, or current — you supply it, and we do not verify it;
  • utility pin locations or descriptions are correct, or that a shutoff can be safely or successfully operated;
  • any first responder, dispatcher, utility, neighbor, witness, or Good Samaritan will access, find, understand, or act on your information;
  • private information will be accessible when needed, if the PIN is not supplied;
  • public information will not be misused by someone who obtains it; or
  • the Service will prevent, reduce, or mitigate any injury, death, illness, fire, flood, explosion, or property damage.

Hugs911 is a preparedness and record-keeping tool. It is not a safety device, life-saving device, medical device, or emergency response system, and it must not be relied upon as one.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

17. LIMITATION OF LIABILITY

READ THIS SECTION. IT LIMITS WHAT YOU CAN RECOVER FROM US.

17.1 Excluded damages. To the fullest extent permitted by law, neither Hugs911 nor its owners, officers, employees, contractors, affiliates, licensors, or suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, business interruption, or the cost of substitute services, arising out of or relating to the Service — even if we were advised of the possibility, and regardless of the theory of liability.

17.2 Specifically excluded. Subject to Section 17.4, we are not liable for damages arising from:

  • any injury, illness, or death, or any property damage, occurring during or after an emergency;
  • a utility shutoff being operated incorrectly, unnecessarily, unsafely, or not at all, whether by you or by anyone else;
  • inaccurate, incomplete, or outdated information in any profile;
  • any first responder, dispatcher, utility, neighbor, witness, or Good Samaritan failing to access, find, understand, or act on information in the Service — or acting on it wrongly;
  • private information being inaccessible because a PIN was forgotten, lost, or not shared;
  • public information being accessed, copied, cached, indexed, or misused by anyone, including for burglary, stalking, harassment, fraud, or discrimination;
  • unauthorized access to your account or PIN, other than through our own failure to use reasonable security;
  • the acts or omissions of any third party, including Google and Apple; or
  • unavailability of the Service, including during a disaster or outage.

17.3 Cap. To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

17.4 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — including liability for our own fraud, fraudulent misrepresentation, gross negligence, or willful misconduct, for death or personal injury caused by our negligence where such limitation is prohibited, or under any non-waivable consumer-protection statute. Some states do not allow certain limitations, so parts of this section may not apply to you.

17.5 Basis of the bargain. The pricing of the Service reflects these limitations. They apply even if a limited remedy fails of its essential purpose.

18. ASSUMPTION OF RISK

You acknowledge that emergency preparedness inherently involves risk, and that you knowingly and voluntarily assume all risk arising from:

  • your decision to publish your property address, your household’s identities, and your utility shutoff locations on the public internet;
  • your decision about what to mark Public and what to mark Private;
  • your decision about who receives your PIN;
  • any action you or anyone else takes in reliance on information in the Service; and
  • the operation of any utility shutoff.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hugs911 and its owners, officers, employees, contractors, affiliates, and licensors from any claim, demand, loss, liability, damage, fine, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to:

  1. your use of the Service;
  2. Your Content, including any information you entered about another person or a minor, and any claim that you lacked their consent or that publishing it violated their rights;
  3. your breach of these Terms, including Sections 6 and 7;
  4. your violation of any law or of anyone’s rights, including privacy, publicity, or intellectual-property rights; or
  5. any action taken by you or by any third party in reliance on information you placed in the Service.

We may assume the exclusive defense of any matter subject to indemnification, at your expense, and you will cooperate with us. You will not settle any matter in a way that imposes an obligation on us without our written consent.

20. DISPUTE RESOLUTION AND ARBITRATION

[[FOR ATTORNEY REVIEW BEFORE PUBLISHING. An arbitration clause with a class-action waiver is standard for a consumer app and is generally enforceable under the Federal Arbitration Act, but the details — the opt-out, who pays fees, the mass-arbitration protocol, and the carve-outs — should be signed off by counsel licensed in your state, and enforceability varies by state and by claim type. If you prefer not to include arbitration at launch, delete Sections 20.2–20.6 and keep 20.1 and 20.7; Section 21 (Governing Law) then handles disputes in court.]]

20.1 Talk to us first. Before starting any proceeding, please email support@hugs911.com with a description of the dispute and what you want. We will try in good faith to resolve it within 60 days. This step is a precondition to arbitration or litigation for both of us.

20.2 Agreement to arbitrate. If we cannot resolve it, you and Hugs911 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court, except as stated in Section 20.4.

20.3 Procedure. Arbitration will be conducted by a single arbitrator, in the county where you live or by telephone or video at your election, and the arbitrator’s award may be entered in any court of competent jurisdiction. We will pay all AAA filing, administrative, and arbitrator fees for any claim seeking less than $10,000, unless the arbitrator finds your claim frivolous.

20.4 Carve-outs. Either of us may (a) bring an individual claim in small-claims court, and (b) seek injunctive relief in court to stop unauthorized use, infringement, or misuse of the Service or its data. Nothing here prevents you from reporting a matter to a government agency, or from participating in an agency proceeding.

20.5 Class-action waiver. You and Hugs911 agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — must proceed in court, and Sections 20.2–20.3 do not apply to it.

20.6 Your right to opt out. You may reject this arbitration agreement by emailing support@hugs911.com with the subject “Arbitration Opt-Out,” including your name and account email, within 30 days of first accepting these Terms. Opting out has no other effect on your account or these Terms, and we will not retaliate.

20.7 Jury trial waiver. To the extent a dispute proceeds in court, you and Hugs911 each waive any right to a jury trial, to the extent permitted by law.

20.8 Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by law.

21. GOVERNING LAW AND VENUE

These Terms and any dispute arising from them are governed by the laws of the State of [[TO CONFIRM: the state where the business is organized or headquartered]], and by applicable United States federal law, without regard to conflict-of-laws principles.

For any dispute not subject to arbitration, the exclusive venue is the state and federal courts located in [[TO CONFIRM: county and state]], and you and Hugs911 each consent to personal jurisdiction there. This does not deprive you of the protection of the mandatory consumer-protection law of the state where you live.

[[NOTE — the client’s draft said these Terms are governed by “the laws of the United States.” There is no general body of United States contract law; contract and consumer-protection law is state law, so that clause would leave governing law undetermined and unenforceable as written. A single state must be named. Recommend the state where the business is registered.]]

22. CHANGES TO THESE TERMS

We may modify these Terms. When we do, we will update the “Last Updated” date and post the revised version at https://hugs911.com/terms.

If a change is material, we will give you notice — by email to the address on your account and by an in-app alert — at least 30 days before it takes effect, except where a change must take effect sooner for legal or security reasons.

Continuing to use the Service after a change takes effect means you accept the revised Terms.If you do not accept them, stop using the Service, cancel your subscription through your store, and delete your account. If a material change is unacceptable to you and you cancel within 30 days of the change taking effect, contact us and we will request a pro-rata refund of your unused prepaid term from Apple or Google.

Changes do not apply retroactively to a dispute of which we had notice before the change.

23. GENERAL

23.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service, and supersede any prior understanding.

23.2 Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest remains in effect.

23.3 No waiver. Our failure to enforce a provision is not a waiver of it.

23.4 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

23.5 No third-party beneficiaries. Except as stated in Appendix A (Apple) and Appendix B (Google), these Terms create no third-party beneficiary rights. No first responder, emergency agency, utility, neighbor, witness, or Good Samaritan is a beneficiary of these Terms or acquires any right against us under them.

23.6 Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disaster, fire, flood, earthquake, epidemic, war, civil unrest, labor action, utility or telecommunications failure, internet or cloud-provider outage, or government action.

23.7 Notices. We may give notice by email to the address on your account, by in-app message, or by posting on the Service. You must send notices to support@hugs911.com and to the mailing address in Section 24.

23.8 Relationship. Nothing here creates a partnership, joint venture, agency, or employment relationship.

23.9 Survival. Sections 3, 6, 13, 14, and 16–23 survive termination.

23.10 Headings. Headings are for convenience and do not affect interpretation.

23.11 Export and sanctions. You may not use the Service in violation of U.S. export control or sanctions laws, and you represent you are not located in an embargoed country or on any U.S. government restricted-party list.

23.12 Contact for California users. California residents may reach 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, CA 95834, or (800) 952-5210.

24. CONTACT US

Hugs911 Homeowners Utility Guide Service Support: support@hugs911.com Privacy: privacy@hugs911.com Web: https://hugs911.com

Mailing address: [[TO CONFIRM: street address, city, state, ZIP]]

APPENDIX A

These terms are required by Apple and apply if you obtained the app from the Apple App Store. They supplement, and where inconsistent control over, the rest of these Terms as to Apple only.

  1. This agreement is with us, not Apple. These Terms are concluded between you and Hugs911 only, not with Apple Inc. (“Apple”). Hugs911, not Apple, is solely responsible for the app and its content.
  2. Scope of license. Your license to use the app is limited to a non-transferable license to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
  3. Maintenance and support. Hugs911 is solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services for the app.
  4. Warranty. Hugs911 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
  5. Product claims. Hugs911, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the app’s use of HealthKit or HomeKit frameworks (which the app does not use).
  6. Intellectual property claims. In the event of any third-party claim that the app or your possession and use of it infringes that third party’s intellectual property rights, Hugs911, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
  7. Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer contact. Questions, complaints, or claims about the app should be directed to: support@hugs911.com.
  9. Third-party terms. You must comply with applicable third-party terms of agreement when using the app.
  10. Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Appendix A, and upon your acceptance of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce this Appendix A against you as a third-party beneficiary.

APPENDIX B

These terms apply if you obtained the app from Google Play.

  1. Your acquisition and use of the app is also subject to the Google Play Terms of Service. These Terms are between you and Hugs911 only, not Google LLC (“Google”).
  2. Google is not a party to these Terms and is not responsible for the app or its content. Hugs911 is solely responsible for the app, for support and maintenance, and for any claims relating to it.
  3. Subscriptions purchased through Google Play are billed, renewed, cancelled, and refunded under Google Play’s policies. Manage or cancel your subscription in the Google Play app under Payments & subscriptions → Subscriptions.
  4. Google is a third-party beneficiary of this Appendix B and may enforce it.

End of Terms of Service.