HUM TERMS OF SERVICE - COMPREHENSIVE LEGAL AGREEMENT

IMPORTANT LEGAL NOTICE: Please read these Terms of Service carefully before using the HUM platform. These terms contain important information about your legal rights, remedies, and obligations, including mandatory arbitration and class action waiver provisions.

Effective Date: January 11, 2026
Last Updated: January 11, 2026
Company: Hum-App Technologies Inc. (Delaware C-Corporation)
Address: 2314 28th Street, Santa Monica, CA 90405

1. ACCEPTANCE OF TERMS & PLATFORM OVERVIEW

1.1 Binding Agreement

By creating an account, accessing, or using the HUM mobile application ("App," "Platform," "Service"), you ("User," "you," "your") enter into a legally binding contract with Hum-App Technologies Inc. ("HUM," "we," "us," "our"). If you do not agree to ALL these terms, you MUST NOT use the Platform.

1.2 Platform Function - Intermediary Status

CRITICAL: HUM operates EXCLUSIVELY as an intermediary marketplace platform. We:

DO: Provide technology, payment processing infrastructure, and communication tools
DO NOT: Own, sell, rent, lend, store, or maintain any items listed on the Platform
DO NOT: Enter into rental agreements as a party (agreements are between Users only)
DO NOT: Act as insurer, guarantor, or bailee of any items
DO NOT: Verify condition, safety, legality, or ownership of items beyond automated systems
ARE NOT: Responsible for actions, omissions, representations, or conduct of any User

1.3 User Eligibility Requirements

To use HUM, you MUST:

Be at least 18 years old
Have legal capacity to enter contracts in your jurisdiction
Not be barred from using the Service under applicable laws
Possess valid government-issued identification
Have a valid payment method accepted by our payment processor
Comply with all identity verification requirements
Not be a convicted felon (certain violent or theft-related crimes)
Not have been previously banned or suspended from HUM

1.4 Account Types & Verification

All accounts are subject to multi-step identity verification including:

Government-issued ID verification (driver's license, passport, or national ID)
Email address verification
Phone number verification via SMS
Payment method verification
Optional additional verification (social media, professional credentials)
Ongoing fraud detection and monitoring

Accounts may be restricted, suspended, or terminated if verification fails or fraud is detected.

1.5 Geographic Limitations

The Service is currently available only in the United States. Use from other jurisdictions may be restricted or prohibited. We reserve the right to expand or limit geographic availability at any time.

2. DEFINITIONS

For purposes of these Terms:

"Lender" or "Owner": User who lists items for rent
"Renter" or "Borrower": User who rents items from Lenders
"Item": Any physical property listed for rental on the Platform
"Rental Agreement": Contract between Lender and Renter for specific rental transaction
"Service Fee": HUM's commission/fee charged for Platform use
"Deposit": Security deposit held for potential damages (may be pre-authorized on credit card)
"Transaction": Complete rental cycle from booking to item return
"AI Analysis": Automated analysis using Google Gemini AI technology
"Content": Photos, descriptions, messages, reviews, and all user-submitted materials
"Declared Value": Item value stated by Lender for insurance/protection purposes

3. ITEM LISTINGS & RESTRICTIONS

3.1 What Can Be Rented

HUM facilitates rentals of legal, safe, non-personal items including but not limited to:

Electronics (cameras, laptops, gaming systems, drones, projectors)
Tools & Equipment (power tools, lawn equipment, construction equipment)
Sports & Outdoor Gear (bikes, camping gear, skis, surfboards, kayaks)
Party & Event Supplies (tents, tables, speakers, decorations)
Musical Instruments (guitars, keyboards, drums, DJ equipment)
Photography Equipment (cameras, lenses, lighting, stabilizers)
Vehicles (cars, motorcycles, RVs, boats) - subject to additional requirements
Home & Garden (furniture, appliances, cleaning equipment)
Baby & Kids Items (cribs, strollers, toys) - must meet safety standards

3.2 PROHIBITED ITEMS - ZERO TOLERANCE

Users are ABSOLUTELY PROHIBITED from listing or renting:

3.2.1 Illegal & Dangerous Items

Weapons, firearms, ammunition, explosives, or components
Illegal drugs, drug paraphernalia, or prescription medications
Stolen property or items with altered serial numbers
Counterfeit goods or items violating intellectual property rights
Items used for illegal activities or prohibited purposes
Hazardous materials (chemicals, flammables, radioactive materials)
Recalled products or items subject to safety warnings

3.2.2 Personal & Hygiene Items

Clothing, shoes, underwear, or personal garments
Mattresses, pillows, bedding (unless professionally cleaned/new)
Toiletries, cosmetics, or personal care items
Medical devices requiring prescription or professional oversight
Contact lenses or prescription eyewear
Any item that cannot be properly sanitized

3.2.3 Living Things & Perishables

Animals, pets, or livestock
Plants or plant materials (except non-living decorative items)
Food, beverages, or perishable goods
Human remains, organs, or biological materials

3.2.4 Regulated Items Without Proper Authorization

Items requiring special licenses (commercial vehicles, medical equipment)
Professional certifications needed for operation (without proof of certification)
Items prohibited by local, state, or federal law
Alcohol or tobacco products
Adult content, sexually explicit materials, or related devices

3.2.5 High-Risk Items (Platform Discretion)

HUM reserves right to prohibit categories including:

Items over $50,000 in value (without special approval)
One-of-a-kind irreplaceable items
Items with high theft risk or market volatility
Items requiring specialized insurance beyond our coverage options

VIOLATION CONSEQUENCES: Listing prohibited items results in immediate removal, account suspension, possible termination, and potential legal action including reporting to law enforcement.

3.3 Lender Obligations & Representations

By listing an item, Lender represents, warrants, and covenants:

3.3.1 Ownership & Legal Right

You OWN the item outright OR have explicit written permission from owner to rent it
Item is free of liens, loans, or encumbrances restricting rental
You have sole authority to enter rental agreements for the item
No third party can claim superior rights to the item

3.3.2 Condition & Safety

Item is in safe, working condition as described
All safety features function properly
Item complies with applicable safety regulations and standards
No hidden defects, damages, or malfunctions exist
Proper warnings and usage instructions will be provided

3.3.3 Accurate Information

All photos are recent, accurate, unaltered representations of actual item
Descriptions are truthful, complete, and not misleading
Declared value is reasonable and supportable
Availability calendar is current and honored
Pricing reflects fair market rental rates

3.3.4 Insurance & Protection

Lender maintains appropriate personal insurance coverage
Lender declares reasonable and honest item values
Lender understands Platform protection has limits and exclusions
Lender agrees to cooperate fully with any damage claims process

3.3.5 Communication & Availability

Respond to rental inquiries within 24 hours
Honor confirmed bookings or face penalties
Be available for item handoff/return or provide clear alternative arrangements
Provide complete usage instructions and support

3.4 Renter Obligations & Responsibilities

By renting an item, Renter agrees to:

3.4.1 Proper Use & Care

Use item ONLY for intended, lawful purpose
Follow all manufacturer instructions and safety guidelines
Exercise reasonable care consistent with ordinary prudence
Not modify, alter, or repair item without Lender permission
Not sublease, re-rent, or allow unauthorized users
Not use item for commercial purposes (unless explicitly agreed)

3.4.2 Return Standards

Return item on time as specified in rental agreement
Return item in same condition as received (normal wear excepted)
Clean item to condition received (or pay cleaning fee)
Return all accessories, parts, and packaging provided
Document return with photos (time-stamped in-app)

3.4.3 Damage Responsibilities

Immediately report ANY damage, malfunction, or loss
Assume financial responsibility for damages beyond normal wear
Cooperate fully with claims and investigation processes
Provide truthful statements and documentation
Not attempt to conceal or repair damage without disclosure

3.4.4 Payment & Deposits

Authorize all charges including rental fees, deposits, and penalties
Maintain valid payment method throughout rental period
Authorize deposit hold on credit card (not charged unless damage occurs)
Pay additional charges for late returns, damage, or policy violations
Understand deposits may take 7-14 days to release after return

4. PAYMENT PROCESSING, FEES & FINANCIAL TERMS

4.1 Third-Party Payment Processing

CRITICAL: HUM does NOT process, transmit, or store payment card information. All payment processing is handled exclusively by Stripe, Inc., a third-party PCI-DSS Level 1 certified payment processor.

Stripe's terms and privacy policy apply to payment transactions
HUM has NO access to full credit card numbers
Payment disputes are governed by Stripe and card issuer policies
Payment security is responsibility of Stripe (not HUM)

4.2 Subscription Plans & Membership

4.2.1 Subscription Requirement

Access to the HUM Platform requires an active paid subscription. All users must maintain a valid subscription to list items, book rentals, or use Platform features.

4.2.2 Subscription Tiers & Pricing

Standard Subscription:

Monthly billing cycle
Pricing determined at time of subscription (see in-app pricing)
Full access to all Platform features
Unlimited item listings and rental bookings
Customer support access

Student Subscription (Discounted):

Discounted monthly rate for verified students
Requires valid student email (.edu) OR student ID verification
Must re-verify student status annually
Same features as Standard Subscription
Discount rate subject to change with 30 days notice
Terminates upon graduation or loss of student status

HUM reserves the right to modify subscription pricing with 30 days advance notice to existing subscribers. Price changes do not apply to current billing cycle.

4.2.3 Student Verification

To qualify for Student Subscription discount, users must:

Provide valid student email address ending in .edu, OR
Upload current student ID card with expiration date, OR
Verify enrollment through third-party verification service

HUM may request re-verification at any time. Failure to verify or loss of student status will result in automatic upgrade to Standard Subscription pricing at next billing cycle.

4.2.4 Billing & Auto-Renewal

Subscriptions automatically renew at the end of each billing period
Payment method on file will be charged automatically
You will receive notification before each renewal
Renewal continues until you cancel subscription
Failed payment attempts may result in account suspension
Grace period of 3-5 days provided for payment failures

4.2.5 Subscription Cancellation

You may cancel your subscription at any time through Account Settings
Cancellation takes effect at the end of current billing period
No partial refunds for unused time in current period
You retain access to Platform until end of paid period
After cancellation, you cannot list items or book rentals
Existing rentals must be completed before access expires
You may re-subscribe at any time at current pricing

4.2.6 Subscription Refund Policy

7-Day Money-Back Guarantee: First-time subscribers may request full refund within 7 days of initial purchase
No refunds for renewals or subsequent billing periods
No refunds for mid-cycle cancellations
No refunds for account termination due to Terms violations
Refund requests must be submitted via in-app support

4.3 Transaction Fees (In Addition to Subscription)

4.3.1 Platform Service Fees

HUM charges the following non-refundable service fees in addition to subscription:

Renter Service Fee: 5-15% of rental subtotal (varies by booking value)
Lender Service Fee: 3-8% of payout amount (varies by transaction)
Payment Processing Fee: Pass-through of Stripe's fees (typically 2.9% + $0.30)
Late Return Fee: $10-50/day depending on item value
Cancellation Fee: As specified in cancellation policy section

4.3.2 Optional Fees & Add-Ons

HUM Protection Plan: 5-10% of declared value per rental period
Delivery/Pickup Service: Variable based on distance and item
Extended Rental Modification: Administrative fee may apply
Expedited Verification: $25 for faster identity verification

4.4 Payment Authorization & Timing

4.4.1 Renter Payment Process

At Booking: Authorization for full amount + deposit
24 Hours Before Rental: Charge captured for rental amount
During Rental: Deposit remains on hold (not charged)
After Return: Deposit released (if no damages) OR charged (if damages)
Damage Charges: Additional charges authorized as needed

4.4.2 Lender Payout Process

Rental Start: Funds held in escrow by HUM/Stripe
After Return & Inspection Period (48-72 hours): Payout initiated
Payout Timing: 2-5 business days to bank account
Minimum Payout: $10 (lower amounts accumulate)
Holds: Payouts frozen during active disputes or investigations

4.5 Security Deposits

4.5.1 Deposit Structure

Deposits range from $25 to $5,000 based on declared value
Standard deposit: 10-20% of declared value
Deposit is AUTHORIZED (not charged) on Renter's credit/debit card
Authorization holds typically remain for 7-30 days
Multiple deposit authorizations may impact credit utilization

4.5.2 Deposit Release

Deposits released when:

Item returned in agreed condition
No damage claims filed within 48-hour inspection period
No late return fees owed
No policy violations occurred

4.5.3 Deposit Charges

Deposit charged (partially or fully) for:

Damage beyond normal wear and tear
Missing parts or accessories
Late returns exceeding grace period
Cleaning fees for excessive soiling
Loss or theft of item
Policy violations during rental period

4.6 Taxes

4.6.1 User Responsibility

Users responsible for determining applicable taxes
Lenders may be required to report rental income
Sales/use/rental taxes may apply based on jurisdiction
HUM may collect and remit taxes where legally required
Users should consult tax professionals

4.6.2 Tax Forms

Lenders earning over $600/year will receive Form 1099-K
Users must provide accurate tax information (W-9/W-8)
Failure to provide tax info may result in backup withholding
HUM complies with IRS reporting requirements

4.7 Refunds & Chargebacks

4.7.1 Refund Policy

Refunds processed according to cancellation policy (Section 5)

Cancellations may incur fees based on timing
Service fees are typically non-refundable
Processing time: 5-10 business days
Refunded to original payment method only

4.7.2 Chargebacks

Filing chargebacks instead of using resolution process may result in:

Immediate account suspension
Permanent account termination
Collection action for disputed amounts
Legal action for fraudulent chargebacks
Negative impact on future Platform use

Users MUST attempt Platform resolution before chargeback.

5. CANCELLATIONS, MODIFICATIONS & REFUNDS

5.1 Cancellation by Renter

5.1.1 Flexible Cancellation (if selected by Lender)

More than 7 days before: Full refund minus service fee
2-7 days before: 50% refund
Less than 48 hours: No refund
No-show: No refund + potential account penalty

5.1.2 Moderate Cancellation (default)

More than 14 days before: Full refund minus service fee
7-14 days before: 50% refund
Less than 7 days: No refund

5.1.3 Strict Cancellation

More than 30 days before: Full refund minus service fee
Less than 30 days: No refund

5.2 Cancellation by Lender

Lenders who cancel confirmed bookings face:
- Full refund to Renter
- $50-500 penalty fee (based on booking value)
- Negative impact on Lender rating/standing
- Possible account restrictions or termination for repeated violations
Exception: Cancellation allowed without penalty for:
- Verifiable emergency (medical, family, natural disaster)
- Item damage/malfunction before rental
- Renter policy violations or fraud concerns

5.3 Cancellation by Platform

HUM may cancel bookings for:

Policy violations by either party
Fraud detection or suspicious activity
Prohibited items discovery
Safety or legal concerns
Force majeure events

Refunds determined case-by-case; service fees may not be refunded.

5.4 Rental Modifications

Extension requests must be approved by Lender
Price adjustments reflect current rates
Early returns do NOT trigger prorated refunds (unless Lender agrees)
Modification fees may apply

6. AI-POWERED FEATURES & DATA COLLECTION

6.1 AI Analysis Technology

HUM uses Google Gemini AI (artificial intelligence) to:

Analyze item photos for identification, categorization, and pricing
Detect item brand, model, condition, and features
Generate suggested descriptions and rental prices
Assess declared value reasonableness
Detect potential fraud, prohibited items, or safety concerns
Provide search recommendations and marketplace insights
Calculate environmental impact of rentals

6.2 AI Data Collection & Storage

BY USING HUM, YOU EXPLICITLY CONSENT TO:

6.2.1 Image Data Collection

All photos uploaded to Platform are analyzed by AI
Image data (including metadata) stored in HUM databases
Photos may be processed by third-party AI providers (Google)
Images stored indefinitely for Platform improvement and training
Faces in photos may be detected (not identified) for safety

6.2.2 AI Training & Dataset Building

IMPORTANT: Image and item data MAY be used to:

Build proprietary HUM AI training datasets
Improve AI accuracy and performance
Train future AI models specific to rental marketplace
Develop new features and capabilities
Aggregate market analytics and insights

Data Use Limitations:

Images used only for Platform purposes (not sold to third parties)
Personally identifiable information removed from training data where feasible
Users maintain ownership rights to original content
Commercial use by HUM limited to Platform operations

6.3 AI Limitations & User Responsibility

CRITICAL DISCLAIMER: AI-generated information is:

Suggestions ONLY - not guaranteed accurate
Subject to errors, omissions, or misidentifications
Not a substitute for User verification and judgment
Not relied upon by HUM for liability purposes

Users MUST:

Verify ALL AI-generated information for accuracy
Correct errors or misidentifications
Not rely solely on AI for safety, legality, or value determinations
Understand AI cannot detect hidden defects, authenticity, or ownership

6.4 Fraud Detection & Monitoring

AI and automated systems continuously monitor for:

Pricing anomalies and suspicious listings
Prohibited items or content
Duplicate/fake accounts
Stolen goods indicators
User behavior patterns suggesting fraud
Image quality manipulation

Consequences: Flagged activity may result in listing removal, account restrictions, or law enforcement reporting.

6.5 Opt-Out Limitations

You CANNOT opt-out of AI analysis while using Platform. AI features are integral to Platform operations. If you object, you must not use HUM.

You CAN:

Request deletion of specific images (subject to legal retention requirements)
Delete your account (triggers data deletion process per Privacy Policy)
Submit privacy requests per applicable data protection laws

7. INSURANCE, PROTECTION & ITEM SAFETY

7.1 Platform Protection Program (Concept Stage)

7.1.1 Current Status

HUM is developing comprehensive protection/insurance options. Currently:

NO guaranteed insurance coverage is provided by Platform
Protection plans are OPTIONAL and subject to terms/exclusions
Coverage amounts, premiums, and terms may change
Third-party insurance providers may be integrated in future

7.1.2 Protection Plan Structure (When Available)

Optional protection MAY offer:

Coverage up to declared item value (maximum limits apply)
Protection against accidental damage, theft, or loss
Deductibles typically 10-20% of claim amount
Premiums calculated based on value, category, risk factors

7.1.3 What Protection Does NOT Cover

Even with protection plan, NO coverage for:

Intentional damage or misuse
Normal wear and tear
Pre-existing damage or defects
Damage from prohibited uses
Items over coverage maximum
Mysterious disappearance without evidence
Damage from acts of war, terrorism, or nuclear events
Depreciation or loss of value
Consequential or indirect damages

7.2 Deposit-Based Protection System

7.2.1 How Credit Card Deposits Work

Pre-Authorization: Deposit amount authorized (not charged) on Renter's card
Hold Period: Remains for duration of rental + inspection period (typically 7-14 days)
Release: Authorization released if no damage
Charge: Authorization converted to charge if damage occurs

Important: Pre-authorizations:

Reduce available credit on card
May appear as "pending" charge on statement
Can fail if insufficient credit available
May take 7-30 days to fully release depending on bank

7.2.2 Damage Assessment & Claims

Photo Documentation Requirements:

Before Rental: Lender uploads condition photos (time-stamped)
At Pickup: Renter confirms condition in-app with photos
Before Return: Renter documents condition before returning
At Return: Both parties confirm condition with photos

Claim Process:

Lender files damage claim within 48 hours of return
Lender provides photos, description, repair estimates
Renter has 48 hours to respond/dispute
HUM reviews evidence from both parties
HUM makes binding determination on damage amount
Deposit charged OR additional payment authorized if exceeds deposit

7.2.3 Deposit Charge Disputes

Users may dispute deposit charges through:

In-app resolution center (preferred method)
Email to claims@hum-app.com with evidence
Dispute must be filed within 14 days of charge
HUM's decision is FINAL unless proven fraudulent

7.3 User Insurance Responsibilities

7.3.1 Lender Insurance Requirements

STRONGLY RECOMMENDED: Lenders should:

Maintain homeowners/renters insurance covering item rentals
Obtain specialized insurance for high-value items
Verify insurance coverage includes peer-to-peer rentals
NOT rely solely on Platform protection

Lender Acknowledges:

Platform protection (if any) is secondary to personal insurance
HUM is NOT an insurance company
Coverage limits may not fully protect item value
Claims may be denied for policy violations

7.3.2 Renter Insurance

RECOMMENDED: Renters should:

Have renters or liability insurance covering rental property damage
Consider obtaining additional coverage for high-value rentals
Understand they are financially responsible for damages

7.4 Safety & Compliance

7.4.1 Lender Safety Duties

Lenders MUST:

Ensure items meet safety standards and regulations
Provide complete operating instructions and safety warnings
Disclose known hazards or risks
Include necessary safety equipment (helmets, guards, etc.)
Recall check items before listing

7.4.2 Renter Safety Duties

Renters MUST:

Read and follow all safety instructions
Use appropriate safety equipment
Verify they have skills/training to operate item safely
Immediately stop use if safety concerns arise
Not use item if unqualified or unsafe to do so

7.4.3 Platform Safety Disclaimers

HUM DOES NOT:

Inspect items for safety or compliance
Verify safety certifications or recalls
Guarantee item safety or fitness for purpose
Provide safety training or equipment
Assume liability for injuries from item use

USERS RENT AND USE ITEMS AT THEIR OWN RISK

8. IDENTITY VERIFICATION & ACCOUNT SECURITY

8.1 Multi-Step Verification Process

All Users must complete:

8.1.1 Basic Verification (Required for All)

Email address confirmation
Phone number verification (SMS code)
Valid payment method on file
Profile completion (name, photo, location)

8.1.2 Enhanced Verification (Required for High-Value Transactions)

Government-issued photo ID upload and verification
Facial recognition match to ID photo
Address verification (utility bill or bank statement)
Social Security Number (last 4 digits) - for fraud prevention
Background check authorization (for certain categories)

8.1.3 Ongoing Monitoring

Periodic re-verification may be required
Unusual activity triggers additional verification
High-value transactions require enhanced authentication
Fraud detection systems continuously monitor accounts

8.2 Verification Data Use

Information collected during verification:

Used solely for identity confirmation and fraud prevention
Shared with third-party verification services (e.g., Stripe Identity)
Stored securely with encryption
Subject to Privacy Policy terms
May be shared with law enforcement if legally required

8.3 Account Security Obligations

Users are responsible for:

Keeping login credentials confidential
Using strong, unique passwords
Enabling two-factor authentication (if available)
Immediately reporting unauthorized access
Not sharing accounts with others
Logging out on shared devices
Monitoring account activity for suspicious transactions

8.4 Consequences of Verification Failure

Account restrictions or limitations
Inability to rent high-value items
Transaction holds or cancellations
Account suspension or termination
Reporting to fraud prevention databases

9. LIABILITY, DISCLAIMERS & INDEMNIFICATION

9.1 Platform "AS-IS" Disclaimer

CRITICAL LEGAL PROVISION:

THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUM MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
TITLE, NON-INFRINGEMENT, OR ACCURACY
UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT
SAFETY, QUALITY, OR LEGALITY OF ITEMS
CONDUCT, IDENTITY, OR TRUSTWORTHINESS OF USERS
AI-GENERATED INFORMATION ACCURACY
PROTECTION PLAN COVERAGE OR PAYMENT

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.2.1 Liability Cap

HUM'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO PLATFORM USE IS LIMITED TO THE LESSER OF:

(A) $500, OR
(B) FEES PAID BY YOU TO HUM IN THE 12 MONTHS PRECEDING THE CLAIM

This cap applies REGARDLESS of the legal theory (contract, tort, strict liability, negligence, etc.).

9.2.2 Excluded Damages

HUM IS NOT LIABLE FOR:

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
PROPERTY DAMAGE OR PERSONAL INJURY FROM ITEM USE
DAMAGES FROM UNAUTHORIZED ACCESS OR DATA BREACHES
THIRD-PARTY CONDUCT OR CONTENT
ERRORS, OMISSIONS, OR DELAYS IN PLATFORM
VIRUSES, MALWARE, OR TECHNICAL FAILURES

EVEN IF HUM HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES.

9.2.3 Jurisdictional Limitations

Some jurisdictions do not allow limitations on implied warranties or liability for incidental/consequential damages. In such jurisdictions, the above limitations may not fully apply, but will apply to maximum extent permitted.

9.3 User Indemnification

9.3.1 Indemnification Obligation

You agree to DEFEND, INDEMNIFY, and HOLD HARMLESS HUM and its officers, directors, employees, agents, affiliates, and partners from and against ALL claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Platform
Your violation of these Terms or applicable laws
Your listings, rentals, or transactions
Items you list, rent, or provide
Your Content or misrepresentations
Infringement of third-party rights
Personal injury or property damage from your items or conduct
Disputes with other Users
Your breach of representations or warranties
Tax liabilities or reporting failures

9.3.2 Defense & Settlement

HUM reserves the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with HUM in defense of claims and may not settle any claim without HUM's prior written consent.

9.4 Third-Party Services Disclaimer

Platform integrates third-party services (Stripe, Google, Firebase, etc.). HUM is NOT responsible for:

Third-party service failures, errors, or unavailability
Third-party privacy practices or data breaches
Third-party terms or policy changes
Payment processing errors or delays
Map/location inaccuracies

Users are bound by third-party terms when using integrated services.

9.5 User Disputes

HUM IS NOT RESPONSIBLE FOR DISPUTES BETWEEN USERS. While we provide resolution tools and may mediate disputes, Users bear full responsibility for their transactions. HUM's determinations are binding for Platform purposes but do not prevent legal action between Users.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Platform Intellectual Property

All Platform content, features, functionality, including but not limited to:

Software, code, algorithms, and architecture
Design, layout, graphics, and visual elements
Logos, trademarks, trade names, and branding
AI models, training data, and outputs (excluding User Content)
Documentation, tutorials, and support materials

Are owned by HUM or licensors and protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Limited License to Users

Subject to these Terms, HUM grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for personal, non-commercial rental transactions only.

You MAY NOT:

Copy, modify, distribute, or create derivative works
Reverse engineer, decompile, or disassemble Platform
Access Platform source code or proprietary information
Use automated systems (bots, scrapers, crawlers) without permission
Remove or alter copyright, trademark, or proprietary notices
Frame, mirror, or replicate Platform content
Use Platform for commercial purposes outside permitted rentals

10.3 User Content License to HUM

10.3.1 Content You Upload

By uploading Content (photos, descriptions, messages, reviews), you grant HUM:

Worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable license to:
- Use, reproduce, modify, adapt, publish, translate
- Create derivative works from Content
- Distribute, display, and perform Content
- Incorporate Content into Platform operations, marketing, and AI training

10.3.2 AI Training Rights

IMPORTANT: Your Content may be used to:

Train HUM's proprietary AI models
Build rental marketplace datasets
Improve Platform algorithms and features
Generate aggregated analytics and insights

You retain ownership but grant HUM broad usage rights.

10.3.3 Content Representations

By uploading Content, you represent and warrant:

You own or have rights to Content
Content does not violate third-party rights (copyright, trademark, privacy, publicity)
Content complies with these Terms and all laws
You have necessary permissions (e.g., from people in photos)

10.4 Trademark Policy

"HUM," HUM logos, and associated marks are trademarks of Hum-App Technologies Inc. Unauthorized use is prohibited.

10.5 Copyright Infringement & DMCA

HUM respects intellectual property rights and complies with Digital Millennium Copyright Act (DMCA).

To report copyright infringement: Email: legal@hum-app.com with:

Identification of copyrighted work
Identification of infringing material and its location
Your contact information
Statement of good faith belief
Statement of accuracy under penalty of perjury
Physical or electronic signature

Repeat infringers will have accounts terminated.

11. PRIVACY, DATA PROTECTION & COMMUNICATIONS

11.1 Privacy Policy Incorporation

These Terms incorporate our Privacy Policy (available at hum-app.com/privacy) by reference. The Privacy Policy governs:

Personal information collection, use, and sharing
Cookie and tracking technology use
Data security practices
User rights and choices
International data transfers

You must review and accept the Privacy Policy to use HUM.

11.2 Personal Information You Provide

To use HUM, you provide:

Account information (name, email, phone, address)
Identity verification documents (ID, photos)
Payment information (processed by Stripe)
Profile information (bio, photo, preferences)
Transaction information (rentals, messages, reviews)
Device and usage data (location, app analytics)

11.3 How We Use Information

Information used to:

Provide, operate, and improve Platform
Process transactions and payments
Verify identity and prevent fraud
Communicate about transactions and Platform
Provide customer support
Enforce Terms and comply with legal obligations
Develop AI models and features
Send marketing (with consent)

We share information with:

Other Users: Profile, listings, messages, reviews
Service Providers: Stripe (payments), Google (AI, hosting), verification services
Legal Authorities: When required by law or to protect rights
Business Transfers: In mergers, acquisitions, or asset sales
With Your Consent: As you direct or approve

We DO NOT:

Sell personal information to third parties for their marketing
Store full credit card numbers (processed by Stripe)

11.5 Data Security

We implement reasonable security measures including:

Encryption in transit (TLS/SSL)
Encryption at rest for sensitive data
Access controls and authentication
Regular security audits and monitoring
Employee confidentiality obligations

HOWEVER: No system is 100% secure. You acknowledge security risks inherent in Internet transmissions.

11.6 Data Retention

We retain data:

Account Data: While account active + reasonable period after deletion
Transaction Data: 7 years for tax/legal compliance
AI Training Data: Indefinitely (de-identified where feasible)
Legal Holds: As required by law or litigation

11.7 Your Data Rights

Depending on jurisdiction, you may have rights to:

Access your personal information
Correct inaccurate information
Delete your information (subject to exceptions)
Object to or restrict processing
Data portability
Withdraw consent (where consent-based)

To exercise rights: Email privacy@hum-app.com

Limitations: Rights subject to legal exceptions (e.g., legal holds, fraud prevention, public safety).

11.8.1 Transactional Communications

By using HUM, you consent to receive transactional communications via:

Email
SMS/text messages
In-app notifications
Push notifications

Transactional communications include booking confirmations, payment receipts, account alerts, policy updates, etc. You cannot opt-out of transactional messages.

11.8.2 Marketing Communications

We may send marketing with your consent. You can opt-out by:

Clicking "unsubscribe" in emails
Replying "STOP" to SMS messages
Adjusting notification settings in app

Opt-out does NOT apply to transactional messages.

11.8.3 Standard Data Rates Apply

SMS/text messages may incur standard carrier charges. You are responsible for these costs.

11.9 International Users & Data Transfers

Platform operated from United States. Information may be transferred to, processed, and stored in U.S. or other countries. Data protection laws may differ from your jurisdiction.

By using HUM, you consent to international data transfers.

For EU/UK users, we comply with GDPR where applicable and use Standard Contractual Clauses for transfers.

11.10 Children's Privacy

HUM is NOT directed to children under 13. We do not knowingly collect information from children under 13. If we learn of such collection, we will delete the information.

Users must be 18+ to use HUM (per Section 1.3).

12. DISPUTE RESOLUTION, GOVERNING LAW & ARBITRATION

12.1 Governing Law

These Terms are governed by laws of State of California and federal laws of United States, without regard to conflict of law principles.

12.2 Mandatory Arbitration Agreement

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

12.2.1 Agreement to Arbitrate

YOU AND HUM AGREE that any dispute, claim, or controversy arising from or relating to:

These Terms or their interpretation, formation, or enforcement
Use of the Platform
Transactions between Users (where HUM is involved)
Privacy Policy or data practices
Any other aspect of relationship with HUM

Will be resolved by BINDING INDIVIDUAL ARBITRATION rather than in court, except as specified below.

12.2.2 Arbitration Procedure

Arbitration administered by American Arbitration Association (AAA) under Consumer Arbitration Rules
Arbitration held in Santa Monica, California OR your county of residence (your choice)
Arbitrator's decision is final and binding
Judgment on award may be entered in any court of competent jurisdiction
Each party bears own attorneys' fees unless arbitrator awards fees

12.2.3 Exceptions to Arbitration

Following may be brought in court:

Small claims court actions (under jurisdictional limits)
Intellectual property infringement claims
Claims for injunctive relief to protect IP or confidential information
Claims to enforce arbitration agreement

12.2.4 CLASS ACTION WAIVER

YOU AND HUM AGREE that all claims must be brought in individual capacity, NOT as class member or representative in any purported class, collective, representative, multiple plaintiff, or similar proceeding.

YOU WAIVE THE RIGHT TO:

Participate in class action lawsuits
Serve as class representative or member
Join claims with other persons or entities

Arbitrator may NOT:

Consolidate claims of multiple parties
Preside over class or representative proceedings

If class action waiver is found unenforceable, entire arbitration provision is void (but remainder of Terms remains valid).

12.2.5 Opt-Out Right

You have RIGHT TO OPT-OUT of this arbitration agreement by sending written notice to:

Hum-App Technologies Inc.
Attn: Arbitration Opt-Out
2314 28th Street
Santa Monica, CA 90405

Notice must include: your name, email, mailing address, and clear statement of intent to opt-out.

DEADLINE: Notice must be sent within 30 DAYS of first accepting these Terms.

If you opt-out:

You and HUM retain right to bring claims in court
Class action waiver still applies (to maximum extent permitted)

12.3 Venue for Court Actions

If arbitration does not apply (exceptions or valid opt-out), you agree:

Exclusive jurisdiction and venue in state and federal courts in Los Angeles County, California
You waive objections to personal jurisdiction and inconvenient forum
You consent to service of process by mail or authorized means

12.4 Limitation Period for Claims

You must bring any claim within ONE (1) YEAR after claim arises. Claims not brought within one year are PERMANENTLY BARRED.

13. ACCOUNT TERMINATION, SUSPENSION & CONSEQUENCES

13.1 Termination by User

You may delete your account at any time through app settings or by emailing support@hum-app.com.

Upon termination:

Active rentals must be completed
Outstanding payments must be settled
Deposits released per standard process
Content may be retained per data retention policy
Certain provisions of Terms survive (indemnification, IP licenses, dispute resolution)

13.2 Termination/Suspension by HUM

13.2.1 Grounds for Termination

HUM may suspend or terminate your account immediately, without notice, for:

Violation of these Terms or other policies
Fraudulent activity or misrepresentation
Listing prohibited items
Identity verification failure or refusal
Chargeback abuse or payment fraud
Threats, harassment, or abusive conduct
Circumventing Platform fees or policies
Creating duplicate or fake accounts
Legal violations or criminal activity
Risk to Platform, Users, or third parties
Inactivity for extended period

13.2.2 Consequences of Termination

Upon termination:

Immediate loss of Platform access
Active rentals may be cancelled
Pending payouts may be frozen or returned
Deposits may be forfeited for violations
Outstanding debts remain due and payable
Information retained per legal requirements
You may NOT create new account without permission

13.2.3 No Refunds

If your account is terminated for Terms violations, you are NOT entitled to refunds of fees paid.

13.3 Effect of Termination on Obligations

Termination does NOT relieve you of obligations incurred before termination, including:

Payment obligations
Liability for damages or disputes
Indemnification duties
Confidentiality obligations
IP licenses granted to HUM

13.4 Survival of Terms

Following provisions survive termination:

Sections 9 (Liability), 10 (IP), 11 (Privacy), 12 (Dispute Resolution), 13.3-13.4, 14-17

14. REVIEWS, RATINGS & USER CONTENT

14.1 Review System Purpose

Reviews and ratings provide transparency and accountability. They help Users make informed decisions.

14.2 Review Guidelines

Reviews must be:

Honest, truthful, and based on actual experience
Relevant to rental transaction
Respectful and non-abusive
Free of profanity, threats, or discriminatory content
Not influenced by compensation or incentives
Your own original content

14.3 Prohibited Review Conduct

You may NOT:

Post fake or fraudulent reviews
Review your own listings or accounts
Incentivize positive reviews or penalize negative reviews
Threaten or harass Users over reviews
Retaliate against Users for reviews
Post reviews for items you didn't rent
Include personal contact information in reviews

14.4 HUM's Review Rights

HUM may:

Remove reviews violating guidelines
Investigate review authenticity
Adjust or remove ratings for policy violations
Use reviews in marketing or promotional materials
Display reviews publicly on Platform and externally

14.5 No Guarantee of Review Accuracy

DISCLAIMER: HUM does not verify accuracy of reviews. Reviews reflect individual opinions only. HUM is NOT responsible for review content.

14.6 Disputes Over Reviews

If you believe a review is fraudulent or violates guidelines, you may report it through in-app tools. HUM will investigate and determine appropriate action (in our sole discretion).

HUM's decision on reviews is FINAL.

15. PLATFORM MODIFICATIONS, UPDATES & AVAILABILITY

15.1 Right to Modify Platform

HUM reserves the right, at any time, without notice, to:

Modify, update, or discontinue Platform features
Change fee structures (with reasonable notice for existing transactions)
Update policies, guidelines, and terms
Add or remove payment methods
Expand or limit geographic availability
Integrate new technologies or services

15.2 No Obligation to Maintain Features

HUM has NO OBLIGATION to maintain any particular feature, service, or functionality. We may discontinue aspects of Platform without liability.

15.3 Platform Availability

Platform provided on "as available" basis. We do NOT guarantee:

Uninterrupted or error-free operation
100% uptime or availability
Compatibility with all devices or OS versions
Freedom from bugs, viruses, or malware
Performance or speed

15.4 Maintenance & Downtime

Platform may be unavailable due to:

Scheduled maintenance
Emergency repairs
Third-party service outages
Force majeure events
Technical failures

HUM is NOT liable for unavailability or resulting damages.

15.5 Updates to Terms

We may update these Terms periodically. We will notify you of material changes by:

Email to registered address
In-app notification
Notice on Platform

Continued use after changes constitutes acceptance. If you disagree, you must stop using Platform.

Significant changes take effect 30 days after notice (unless required by law sooner).

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with Privacy Policy and referenced policies, constitute entire agreement between you and HUM regarding Platform use. They supersede all prior agreements, understandings, or communications.

16.2 Severability

If any provision is found invalid, illegal, or unenforceable, remaining provisions remain in full force. Invalid provision will be modified minimally to make enforceable while preserving intent.

16.3 No Waiver

HUM's failure to enforce any provision does NOT constitute waiver of right to enforce later. Waiver of any breach does NOT waive subsequent breaches.

16.4 Assignment

You may NOT assign, transfer, or delegate these Terms or your rights/obligations without HUM's written consent.

HUM may assign Terms to affiliates, successors, or acquirers without your consent.

16.5 Force Majeure

HUM is NOT liable for delays or failures due to causes beyond reasonable control, including: acts of God, natural disasters, war, terrorism, government actions, labor disputes, Internet/utility failures, pandemics, or other force majeure events.

16.6 Headings

Section headings are for convenience only and do NOT affect interpretation.

16.7 Relationship of Parties

You and HUM are independent contractors. These Terms do NOT create partnership, joint venture, employment, agency, or franchise relationship.

16.8 Third-Party Beneficiaries

These Terms do NOT confer rights on third parties, except HUM's affiliates, officers, directors, employees, and agents are intended third-party beneficiaries of indemnification and liability provisions.

16.9 Export Compliance

Platform subject to U.S. export control laws. You agree to comply with all applicable export laws and NOT export, re-export, or transfer Platform to prohibited countries or persons.

16.10 Government Use

If you are a U.S. government entity, Platform is "Commercial Item" as defined in 48 C.F.R. §2.101, with rights limited to those granted to commercial users.

16.11 Language

These Terms are in English. Any translations are for convenience only. English version controls in case of conflict.

16.12 Electronic Communications

You consent to receive communications electronically. Electronic communications satisfy legal written notice requirements.

17. CONTACT INFORMATION & NOTICES

17.1 How to Contact HUM

General Support:
Email: support@hum-app.com
In-App: Use support feature in HUM app

Legal Notices & Service of Process:
Email: legal@hum-app.com
Mail:
Hum-App Technologies Inc.
Legal Department
2314 28th Street
Santa Monica, CA 90405

Privacy Requests:
Email: privacy@hum-app.com

Claims & Disputes:
Email: claims@hum-app.com

Copyright/DMCA:
Email: dmca@hum-app.com

17.2 Notices to You

HUM may provide notices to you by:

Email to registered address
In-app notifications
Posting on Platform
Mail to registered address

Notices effective when sent (email/in-app) or 3 days after mailing.

17.3 Notices to HUM

You must send notices to HUM at addresses in Section 17.1. Notices effective when received.

ACKNOWLEDGMENT & ACCEPTANCE

BY CREATING AN ACCOUNT, CLICKING "I ACCEPT," CHECKING AN ACCEPTANCE BOX, OR USING THE HUM PLATFORM, YOU ACKNOWLEDGE THAT:

You have READ, UNDERSTOOD, and AGREE to be bound by these Terms
You have READ and ACCEPT the Privacy Policy
You are at least 18 years old and legally capable of entering contracts
You understand HUM is an intermediary platform and NOT responsible for User conduct or items
You understand AI-generated information is not guaranteed accurate
You consent to AI analysis and data use per these Terms
You understand deposit holds on credit cards and financial implications
You agree to BINDING ARBITRATION and CLASS ACTION WAIVER
You acknowledge liability limitations and "AS-IS" disclaimer
You assume ALL RISKS of renting and lending items through Platform

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE HUM.

DISCLAIMER: These Terms of Service were prepared to provide comprehensive legal protection. However, they do NOT constitute legal advice. Hum-App Technologies Inc. strongly recommends having these Terms reviewed by a qualified attorney licensed in your jurisdiction before final implementation. Laws vary by location and change over time.