HumanUp Terms of Service

Last Updated: December 1, 2025

These HumanUp Terms of Service (these “Terms”) govern your use of and access to certain mobile applications, (collectively, the “App”), websites (including www.humanup.com) (collectively the “Website”) and related chatbots, tools, products, and services and link to or reference these Terms, including those deployed on third-party websites or apps (collectively with the Apps and Website the “HumanUp Service”), which are provided by HumanUp Technologies, Inc. PBC (“HumanUp,” “we,” or “us”) and link to or reference these Terms.

By accepting these Terms or accessing or using the HumanUp Service (including by asking questions in any App, Website, chatbot or other tool or service operated by HumanUp) you agree that you are entering into an agreement with HumanUp and agree to be bound by these Terms. If you do not agree to all of these Terms, do not use or access the HumanUp Service.

In some cases, different or additional terms and conditions or agreements may apply in relation to portions of the HumanUp Service (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control unless otherwise specified in the Supplemental Terms.

DISCLAIMER: HUMANUP AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, LICENSEES AND VENDORS (INDIVIDUALLY AND COLLECTIVELY, THE “HUMANUP PARTIES”) ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY INFORMATION, CONTENT, OUTPUT, RESULTS, OR OTHER RESOURCES PROVIDED OR ACCESSED ON OR THROUGH THE HUMANUP SERVICE OR FOR ANY HARM, CONSEQUENCES, DAMAGES, OR LIABILITY RELATING DIRECTLY OR INDIRECTLY TO ANY DECISIONS, ACTION, OR INACTION TAKEN IN RELIANCE UPON OR AS A RESULT OF ANY OF THE FOREGOING.

Changes to Terms: We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make material changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through the HumanUp Service, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the HumanUp Service after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using the HumanUp Service.

Please see our privacy policy for information on how we collect, use, and disclose information about you.

1. Eligibility; Authority

The HumanUp Service is intended solely for users who are 18 years of age or older and who are located in the United States. By creating an account or otherwise accessing the HumanUp Service, you represent and warrant that you are at least 18 years of age and that you reside in the United States.

2. Electronic Communication

You agree to receive emails, SMS or text messages, and other types of communication from HumanUp regarding the HumanUp Service using the email address or other contact information you provide in connection with the HumanUp Service.

3. Accounts

Users may be required to download the App and/or create an account in order to utilize certain portions or features of the HumanUp Service. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials or otherwise access your account, you are responsible for the activities and actions of such Users that occur in or in connection with your account.

4. Input and Output

1. The HumanUp Service may involve the use of prompts (which could be in a variety of formats, including voice) and other input or content that you or other users provide in connection with the HumanUp Service (collectively, “Input”). You are solely responsible for your Input, including ensuring that it does not infringe or violate any third-party rights or violate applicable law or these Terms. Subject to the license you grant below, as between you and HumanUp, you retain all rights in and to your Input.
2. You grant the HumanUp Parties a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, and sublicensable right and license to capture, use and exploit your Input as we deem appropriate to provide, maintain, develop, analyze, and improve the HumanUp Service and as otherwise provided in these Terms, including for research and other internal purposes. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Input that you may have under any applicable law or under any legal theory or any other claims you may have arising out of the use of your Input as contemplated herein.
3. You represent and warrant that you have all rights and permissions necessary to use and provide to us the Input in connection with your use of the HumanUp Service and that your Input and our use thereof as permitted under these Terms, will not infringe upon or violate the rights of any third party or any applicable laws, rules, or regulations. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the HumanUp Parties from and against any losses, liabilities, claims, demands, damages, expenses, or costs arising out of or related to your Input or your violation of these Terms.
4. The responses and other outputs generated through the HumanUp Service (the “Output”) are derived from content provided by our specialists and other suppliers and licensors (collectively “Licensors”), and all rights in and to any Output are retained by HumanUp and its Licensors. You may use the Output solely for your personal use as authorized under Section 6 of these Terms, and you do not obtain rights of any kind therein. You understand and agree that Output may be inaccurate, inappropriate, and unreliable and that you are solely responsible for verifying and fact-checking Output for accuracy, completeness, and suitability before acting on it and for any actions you take relating to or as a result of such Output.

5. Prohibited Conduct

1. You will not use the HumanUp Service if you are not eligible to in accordance with Section 1 and will not use the HumanUp Service, including any Output, other than for their intended purpose. Further, you will not do any of the following in connection with the HumanUp Service: (i) violate or infringe upon any applicable law, rule, regulation, contract, intellectual property right, or other third-party right; (ii) attempt to sell or resell the HumanUp Service; (iii) reproduce, distribute, publicly perform, publicly display, modify, make derivative works of, or otherwise use or exploit all or any portion of the HumanUp Service or its contents (including Output), except as expressly permitted under these Terms or with the prior written permission of HumanUp; (iv) use the HumanUp Service in any manner that is dangerous or harmful or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the HumanUp Service or that could damage, disable, overburden, or impair the functioning of the HumanUp Service in any manner; (v) reverse engineer any aspect of the HumanUp Service or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of the HumanUp Service; (vi) scrape or use any data mining, robots, or similar data gathering or extraction methods designed to extract data from the HumanUp Service, whether or not you are logged into the HumanUp Service, or attempt to bypass or circumvent any measures used to prevent or restrict access to the HumanUp Service; or (vii) use the HumanUp Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
2. Enforcement of this Section 5 is solely at HumanUp’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

6. Ownership; Limited License

1. The HumanUp Service, including all text, graphics, images, photographs, videos, illustrations, Output, and other content and materials contained in or generated or provided in connection with the HumanUp Service, and all intellectual property rights therein, are owned by HumanUp or our Licensors and may be protected under both United States and foreign laws. Except for any license explicitly granted in these Terms, all rights in and to the HumanUp Service are reserved by us or our Licensors, as applicable.
2. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the HumanUp Service (including the Output), solely for your own personal, private, and noncommercial use. Any use of the HumanUp Service other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Without limiting the foregoing, except as expressly provided in these Terms or with our written permission, you are not authorized to distribute, publicly perform, publicly display, or make derivative works of the Output or any other portion of the HumanUp Service in any manner. You understand and agree that as the Apps are licensed (not sold) to you, upon any termination of the HumanUp Service for any reason, you must immediately cease using any Apps and uninstall and delete them from your mobile or personal device.

7. Trademarks

HUMANUP, the HumanUp logo, and our other logos, product or service names, slogans, and the look and feel of the HumanUp Service are trademarks of HumanUp and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference to any third-party products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about HumanUp or the HumanUp Service (collectively, “Feedback”). You understand and agree that HumanUp will exclusively own all rights in and to any Feedback, and anything creating using or based on such Feedback, including improvements to, or new, HumanUp products, services. You hereby assign all rights therein to HumanUp and understand that HumanUp may use and exploit such Feedback in any manner and for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that HumanUp may treat Feedback as nonconfidential.

9. Third-Party Content and Materials

1. The HumanUp Service may provide information about or links to third-party content, information, activities, events, or materials, including in Output (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. HumanUp does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that HumanUp is not responsible or liable for, and undertakes no responsibility to update or review, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk, and your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
2. The HumanUp Service may rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Services”). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of the HumanUp Service. You acknowledge and agree that (i) the use and availability of the HumanUp Service may be dependent on Third-Party Services and third-party product vendors and service providers; (ii) these Third-Party Services may not always operate properly or reliably, which may impact the way that the HumanUp Service operates; and (iii) HumanUp is not responsible or liable for any Third-Party Services or for any impact of such Third-Party Services on your use of or inability to use the HumanUp Service. Your use of any Third-Party Services is at your own risk.
3. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Content or Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the HumanUp Service.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE HUMANUP SERVICE, AND ANY OUTPUT OR OTHER CONTENT OR MATERIALS PROVIDED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HUMANUP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, HUMANUP DOES NOT REPRESENT OR WARRANT THAT THE HUMANUP SERVICE OR ANY CONTENT PROVIDED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT, OR THAT ACCESS TO THE HUMANUP SERVICE, OR ANY CONTENT PROVIDED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE HUMANUP SERVICE, ANY CONTENT OR MATERIALS PROVIDED THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL LEGAL RIGHTS WHICH VARY BY JURISDICTION.

11. Limitation of Liability

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HUMANUP AND THE OTHER HUMANUP PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF HUMANUP OR THE OTHER HUMANUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. THE TOTAL LIABILITY OF HUMANUP AND THE OTHER HUMANUP PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE HUMANUP SERVICE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $50 OR THE SUBSCRIPTION FEES PAID BY YOU TO USE THE HUMANUP SERVICE DURING THE TWELVE (12) MONTH PERIOD FOLLOWING SUCH CLAIM.
3. THE LIMITATIONS SET FORTH IN THIS SECTION 11 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF HUMANUP OR THE OTHER HUMANUP PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. Release

To the fullest extent permitted by applicable law, you release HumanUp and the other HumanUp Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with HumanUp and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and HumanUp agree that any dispute arising out of or related to these Terms or the HumanUp Service is personal to you and HumanUp and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or HumanUp seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or HumanUp seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and HumanUp waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or the HumanUp Service, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against HumanUp you agree to first contact HumanUp and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to HumanUp by email at support@humanup.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above, and we will contact you at the email or mailing address you have provided.

If you and HumanUp cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, or longer if agreed in writing by the parties, then either party may submit the Dispute to binding arbitration administered by The American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All Disputes submitted to the AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Alameda County, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 13, a “consumer” means a person using the HumanUp Service for personal, family or household purposes. If you are a consumer, the rules applicable to Claims between you and HumanUp are the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Dispute Resolution Terms.

You and HumanUp agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability, validity, enforceability, and scope. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

The arbitration may allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, HumanUp, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

To the extent permitted by law, a claimant must pay all reasonable costs and fees incurred by the responding party—including arbitration fees, attorney fees, and expert fees—related to a claim if an arbitrator or court determines that (i) the claim was not warranted by existing law or by a nonfrivolous argument or (ii) the claim was filed in arbitration for any improper purpose, including to harass the responding party, cause unnecessary delay, or increase the cost of dispute resolution.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and HumanUp will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by providing us with notice of your decision to opt-out via email at support@humanup.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.

If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. Governing Law

Any disputes arising from or relating these Terms or the HumanUp Service or these Terms will be governed by and construed and enforced in accordance with the laws of the State of Delaware (except to the extent governed or preempted by U.S. Federal Law), without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. If any dispute is not subject to arbitration pursuant to Section 13, then you agree that the state and federal courts located in Alameda County, California, will have exclusive jurisdiction. You and HumanUp waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

15. Modification and Termination of HumanUp Service

1. We reserve the right to modify the HumanUp Service or to suspend or discontinue providing all or any portion of the HumanUp Service at any time in our sole discretion, immediately upon notice. We may also terminate your account and your access to the HumanUp Service (or any portion thereof) at any time at our sole discretion, immediately upon notice. Notice of any suspension or discontinuation of all or part of the HumanUp Service, or of our access thereto, may be sent by sending an email, by providing a notice through the HumanUp Service, or by such other means determined by HumanUp.
2. You also have the right to stop using the HumanUp Service and terminate your account at any time.

16. Severability

If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

17. Miscellaneous

HumanUp’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, together with any Supplemental Terms, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

18. Additional Terms Applicable to Mobile Devices

1. The following terms apply if you install, access, or use the HumanUp Service on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”):
   1. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. HumanUp, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
   2. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
   3. Maintenance and Support. You and HumanUp acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
   4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of HumanUp. However, HumanUp has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
   5. Product Claims. You and HumanUp acknowledge that as between Apple and HumanUp, HumanUp, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
   6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, HumanUp, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
   7. Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to support@humanup.com
   8. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the HumanUp Service.
   9. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
2. The following terms apply if you install, access, or use the HumanUp Service on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
   1. You acknowledge that these Terms are between you and us only, and not with Google.
   2. Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
   3. Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the HumanUp Service and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
   4. Google is a third-party beneficiary to the Terms as they relate to our Android App.