HUM — Terms of Service
Version: 2026-10-11
1. Who these Terms are between
"HUM" (also "we," "us," or "our") is operated by Hum Ltd., a Colorado
limited liability company. These Terms are a binding agreement between you
and Hum Ltd. governing your use of the HUM app, the Guardian web portal at
portal.humsafety.com, and related services (together, the "service").
"You" means the individual account holder accepting these Terms.
If you accept these Terms on behalf of an organization — for example, when buying Guardian seats — you represent that you are authorized to bind that organization, and "you" means both you and that organization. Section 11 sets out additional terms that apply to organizations.
2. Your acceptance of these Terms
You must read and agree to these Terms before you can create an account or use the service.
Affirmative consent required. When you sign up or first log in, we will present these Terms (together with our Privacy Policy) and require you to affirmatively accept them — for example, by checking an "I agree" box or tapping an "Agree and continue" button — before your account is activated. We also ask you to acknowledge § 19 (assumption of risk, limitation of liability, and release) on its own, with a separate box. You may not use the service unless and until you accept.
What your acceptance means. By accepting, you confirm that you have read and understood these Terms, that you agree to be bound by them, and that you specifically acknowledge § 3 (What HUM is — and is not), § 18 (Disclaimers), § 19 (Assumption of risk, limitation of liability, and release, which you also acknowledge separately, as described above), and § 22 (Dispute resolution; binding arbitration), including the class-action waiver.
Eligibility. You must be at least 18 years old, and legally able to enter into a binding contract, to accept these Terms and use the service. If you are not, you may not create an account. We do not knowingly permit accounts for anyone under 18, and we will terminate accounts we determine belong to minors.
Record of consent. We record the fact, date, time, and version of the Terms you accepted, the fact that you attested to being 18 or older, and the date you separately acknowledged § 19. We do not collect your date of birth. This record is evidence of your agreement.
Changes to these Terms. If we make material changes, we will notify you and require you to accept the updated Terms before you continue using the service. Your continued use after a non-material update constitutes acceptance of the update.
3. What HUM is — and what it is not
HUM is a peer-to-peer safety coordination tool. It helps you tell people you have chosen — your Circle, your groups, and in some cases nearby HUM users — that you need help, and it helps them find you.
HUM is not:
- An emergency response service, a monitoring service, or an alarm company.
- A substitute for calling 911 or your local emergency number.
- Connected to police, fire, medical, or any other public emergency service. We do not dispatch anyone.
- A guarantee that anyone notified by your alert will see it, respond to it, or be able to help safely.
- A guarantee of delivery. Alerts depend on your device, your battery, your network, third-party push and messaging services, and the devices and settings of the people you are trying to reach — none of which we control.
In any actual emergency, contact local emergency services. We strongly encourage recipients of your alerts to do the same (§ 5.9). Nothing in the service — including check-in timers, route tracking, risk warnings, or verification badges — should be relied on as a substitute for emergency services or for your own judgment about your safety.
4. Your account
How you sign in. HUM has no passwords. You sign in with a one-time code sent by text message to your verified phone number (§ 4.6), or to a verified recovery email if you have added one. Keep access to those channels secure: anyone who can receive your codes can reach your account.
Your Safety PIN and biometrics. You may set a Safety PIN, and your device may offer Face ID or an equivalent. These protect actions that could end an alert or delete your account. They are a safeguard, not a guarantee, and we cannot recover a forgotten PIN on your behalf beyond the recovery paths built into the app.
One person, one account. Your account is personal to you. Do not share it, sell it, or let someone else use it.
Accuracy. Keep your phone number, recovery email, and Circle details current. Safety features are only as good as the contact details behind them.
Suspension for non-payment or abuse. See § 10 (plans and billing) and § 13 (reporting and enforcement).
Text messages (SMS). When you enter your mobile number in the app or the Guardian portal and ask us to send a code to it, you agree to receive text messages from HUM at that number.
- What we send. One-time sign-in and verification codes, and notices about your HUM account — for example, if you administer a Hum Guardian plan, an invitation to help manage it, or notice that its ownership was transferred to you. We do not send marketing or promotional texts. We do not text phone numbers that other people give us about you, such as a Circle member's number or a Guardian roster entry, and the emergency messages you send to your Circle go from your own phone, not from us (§ 5.7).
- How often. Message frequency varies with how you use HUM. Usually it is one code each time you sign in or confirm a number, plus an occasional account notice.
- Cost. Message and data rates may apply, according to your carrier plan.
- Help. Reply HELP to any text from us, or email
support@humsafety.com. - Stopping. Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT) to any text from us to opt out. We will send one message confirming it, and then no more, including sign-in codes. To start again, reply START. Because opting out also stops codes sent by text, add a recovery email in the app first if you want another way to sign in (§ 4.1).
- Delivery. Carriers are not liable for delayed or undelivered messages, and delivery depends on your carrier and device (§ 3, § 18).
- Your number and privacy. How we use your number, and with whom we share it, is set out in the Privacy Policy (§ 6). We do not share your mobile number or your text-messaging opt-in with third parties for their marketing.
5. Alerts, location, and the people you share with
This section describes what the service does when you use it. Section 3 of the Privacy Policy describes the data involved in more detail.
Safety alerts. When you trigger a Panic alert or a High Alert, we use your device's location to notify the people you have chosen: members of your Circle, the groups you selected, and — if you have Proximity alerts turned on and the alert type permits it — other HUM users near you. Recipients see a coarse location label (a neighborhood, district, or city) in the notification; those who open the alert in the app can see your precise location for as long as the alert is active.
Nearby users you have not met. The Proximity alerts setting controls whether you receive panic alerts from nearby HUM users you do not know. You can turn it off at any time in Alert Settings.
It does not silence your own alert. A Panic alert is a public call for help: it reaches nearby users who have Proximity alerts turned on, whatever your own setting is. If you do not want strangers involved, use a High Alert, which goes only to your Circle and the groups you choose. If you are identity-verified you can also choose "verified responders only," which limits the public part of your broadcast to verified users.
Live location sharing. Continuous sharing of your live location on the map is decided per Circle member. It starts on for anyone you add straight into your Inner Circle, and off for everyone else; you can change it for any member at any time, and turning it off takes effect immediately. Blocking someone ends it in both directions.
Alerts are the exception: they carry your location whenever your device can provide it, because that is the point of an alert.
Share links. You can create a link that shows your live location on a web page for a period you choose (5 minutes to 24 hours). Anyone holding that link can open it — it is not tied to an account and requires no sign-in. Treat it like a key. You can revoke a link at any time, and it expires on its own.
Route tracking and check-in timers. If you share a route or start a check-in timer, we will notify the people you selected if you do not arrive or check in on time. These features run on timers and network conditions we do not control; do not rely on them as your only safety net.
Bluetooth. With your permission, HUM can use Bluetooth to detect nearby HUM users and broadcast your safety status to them, including when there is no network. You can decline or revoke this permission in your device settings.
SMS fallback. When you have no data connection, HUM can hand a pre-written message to your phone's own messaging app. You send it, over your carrier's network, at your carrier's rates. We do not transmit, receive, or store those messages. (The texts HUM itself sends you are a separate matter, covered in § 4.6.)
People you add to your Circle. When you add someone by name and phone number, you confirm that you are entitled to give us that information for this purpose. Do not add people who have asked you not to contact them.
If you receive an alert. HUM does not require or instruct you to respond in person to anyone's alert, and nothing in the service makes you responsible for doing so. Never put yourself or anyone else in danger to answer an alert. Where the situation may be dangerous, we recommend that you call 911 or your local emergency number instead of intervening personally. An alert tells you that someone asked for help; it does not tell you what is happening. What you do about it, if anything, is your own decision.
6. Identity verification
Identity verification is optional. If you choose it, our provider (Stripe Identity) asks you to photograph a government ID and take a selfie, and checks that they match a live person.
What the badge means. A verified badge asserts one thing: a real, verified person is behind this account. It is not a verification of your name, your qualifications, your safety, or your good faith. Identity verification is not a background check, a criminal-history check, a sex-offender-registry check, a professional-license verification, a safety screening, a character assessment, or a determination that a person is trustworthy or safe. Do not treat another user's badge as a reason to lower your guard.
What we receive. We receive the outcome — verified, pending, or failed — and a reference to the verification session. We do not receive or store your ID document, your selfie, or any biometric data. Stripe handles those under its own terms and privacy policy.
Loss of a badge. If your verification lapses or is revoked, features that depend on it stop applying — including verified status for any group you administer.
7. Groups and verified groups
Groups. Groups (also called communities) let members post, run group check-ins, and receive group alerts. Group creation and membership are Hum+ features (§ 10).
Admins. If you create or administer a group, you are responsible for how it is run. § 12.6 sets out what you may not do with that position. You cannot delete your HUM account while you are the only admin of a group — hand it over or wind the group up first.
Verified groups. An identity-verified admin may mark a group as verified. In a verified group, reading, posting, and joining require members to be identity-verified. Existing members get a grace period the admin sets (1–10 days) before the requirement applies to them; new joiners get none. If the admin's own verification lapses, the group stops being verified.
What a verified group is not. Verification means "run by a verified admin, with verified members." We do not review groups for legitimacy, accuracy, or affiliation. A verified group is not endorsed, vetted, or operated by HUM.
8. Your content
You keep what you post. You retain ownership of the posts, photos, map reports, messages, profile details, and other content you submit ("your content").
The licence you give us. You grant Hum Ltd. a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for formatting and display), and transmit your content solely to operate, secure, and improve the service — including delivering it to the people and groups you direct it to. This licence ends when your content is deleted, except for copies retained under § 17.3 or as required by law, and except where another user has already received it.
What you promise about it. You confirm that you have the rights to post your content, and that it does not infringe anyone's rights or break any law.
We may remove it. We may remove content that violates these Terms, and we may retain records of what we removed and why (§ 13).
Our content. The HUM app, the portal, our name, logo, and design are ours. We grant you a personal, revocable, non-transferable licence to use the app on devices you control, for its intended purpose. Do not copy, reverse-engineer, resell, or build a competing service from it.
9. Acceptable use of the safety system
The service is built on the assumption that an alert means someone needs help. § 12 lists prohibited conduct in full. Two rules matter enough to state here on their own:
- Do not raise an alert unless you believe in good faith that the situation warrants it. False alerts consume other people's attention, their sense of trust in the system, and sometimes their physical safety as they respond.
- Do not use what the service shows you to find, follow, or harass anyone. Location shared with you for safety is for that purpose only.
10. Plans, billing, and cancellation
10.1 The Free plan
HUM has a free plan, and the features that get you help are included in it, not held behind a paywall: the panic button and SOS alerts, alerts to your Circle, help from nearby users, risk warnings, Bluetooth and SMS fallback, and viewing the map. Paid plans lift count-based limits and add convenience features. On the Free plan, limits apply to things like the size of your Circle, group membership, posting map reports, route tracking, network search, and recurring check-ins. Current limits are shown in the app.
We may adjust what is included in each plan. We will not move a safety-critical alerting feature behind a paywall.
10.2 Hum+ (individual subscription)
Hum+ is an auto-renewing subscription sold through the Apple App Store and Google Play, offered in monthly and annual terms.
- Price. The price, the length of the subscription period, and the currency are shown in the app at the point of purchase, and are set by the store for your region including any applicable tax. The price displayed by the store at purchase governs.
- Payment. Payment is charged to your Apple Account or Google Play account on confirmation of purchase. We do not see or hold your card details.
- Automatic renewal. Your subscription renews automatically for the same period at the then-current price unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the current period ends.
- Managing and cancelling. You manage and cancel Hum+ in your Apple Account or Google Play subscription settings. We cannot cancel it for you, and cancelling does not end the period you have already paid for — your Hum+ access runs until that period ends.
- Refunds. Refunds for store purchases are handled by Apple or Google under their policies, not by us.
- Deleting your HUM account does not cancel your subscription. Cancel it in the store first, or you will keep being charged. See § 17.
10.3 The 30-day trial
New accounts receive a 30-day trial of Hum+.
- It requires no payment method — it is granted by us, not by the app stores, and it is not a store introductory offer.
- It is limited to one trial per phone number, and that limit survives account deletion and re-signup. We keep a one-way cryptographic fingerprint of the number for this purpose, not the number itself.
- When it ends, your account moves to the Free plan. Nothing is charged and no subscription starts on its own.
- If you subscribe during the trial, the paid subscription takes precedence immediately; we do not extend or restart trials.
10.4 Guardian (organization and family seats)
Guardian lets an organization or family prepay seats (from 4 up to 50,000) and give Hum+ access to the people on its roster.
- Purchase and billing. Guardian is bought in the web portal and billed by card through Stripe, monthly or annually. Per-seat pricing falls in volume bands; the price for your seat count and term is quoted in the portal before you buy, and the tier you buy at is locked for that subscription.
- Seat increases take effect immediately and are prorated for the rest of the current term.
- Seat decreases take effect at renewal, not immediately. You keep — and have paid for — the seats until the term ends. We will refuse a decrease below the number of seats currently in use rather than remove people from coverage without an admin's decision.
- Cancellation is available to the org owner from the billing portal. Cancelling ends the plan at the end of the paid term; we do not refund the remainder of a term.
- Removing a member frees the seat immediately; that person's account reverts to the Free plan after a 7-day grace period, so that safety features are not withdrawn without warning.
- An individual Hum+ subscription always takes precedence over a seat. Someone who pays for Hum+ personally does not lose it when a seat is withdrawn, and does not get a refund because a seat covered them.
10.5 Price changes and taxes
We may change prices. Changes take effect at the start of your next billing period, and for Hum+ the store will notify you and, where required, ask you to consent before renewing at a higher price. Prices exclude taxes unless stated; you are responsible for any applicable taxes.
10.6 Failed payments
If a payment fails, we may retry, and we may downgrade the account or organization to the Free plan after a grace period. Safety-critical features remain available on the Free plan.
11. Additional terms for Guardian organizations
These terms apply in addition to the rest, when an organization buys seats.
- Roster data. To register seats, an admin gives us phone numbers, and optionally names and email addresses, for the people the organization wants to cover. The organization represents and warrants that it has the authority and any legally required consent to give us that information for this purpose, and that it will tell those people that it is providing them access to HUM. The organization is responsible for the accuracy of what it submits, including for the consequences of a mistyped number reaching the wrong person.
- What an admin can see. An admin sees the roster the organization entered and whether each seat is invited, claimed, or removed. An admin does not see a member's location, alerts, Circle, messages, groups, or any other safety data — no matter who is paying. We do not offer, and will not build on request, an admin view into a member's safety activity. Members use HUM as individuals; a paid seat buys features, not oversight.
- The member's account is their own. It survives the seat. Removing a seat removes paid features after the grace period in § 10.4.5; it does not delete the person's account, content, or Circle, and it does not transfer anything about them to the organization.
- Admins and ownership. An organization has exactly one owner. The owner can invite co-admins, transfer ownership to an accepted co-admin, and cancel the plan. Co-admins can run the roster and buy seats. Actions that move money or hand over control require the acting admin to re-prove possession of their phone at the time of the action. You are responsible for who you make an admin.
- You cannot delete your HUM account while you are the sole owner of an organization. Transfer ownership or cancel the plan first.
12. Prohibited conduct
You agree not to use HUM, and not to allow anyone using your account to use HUM, to:
Trigger false safety alerts. You will not trigger panic alerts, high alerts, or any other safety notification when you are not actually in danger or do not have a good-faith belief that the situation warrants the alert. Repeated false alerts are grounds for suspension regardless of intent.
Harass or threaten other users. This includes harassment, intimidation, threats of violence or sexual misconduct, doxxing, or any conduct intended to make another user feel unsafe inside or outside the HUM platform.
Impersonate another person. You will not represent yourself as another real person, public figure, or organization. You may use a username distinct from your legal name.
Misuse safety alerts for non-safety purposes. Safety alerts are for safety. You will not use them for advertising, jokes, pranks, or to drive engagement to anything other than safety-relevant action by their recipients.
Brigade reports. You will not coordinate with other users to file reports against another user or community as a tactic to silence, deplatform, or harass them. We treat coordinated reporting as a serious abuse of the safety system.
Misuse community moderator roles. If you administer or moderate a community on HUM, you will not use that position to pressure, intimidate, or unfairly disadvantage members; to mute legitimate alerts; or to surveil members outside the scope of running the community.
Evade enforcement. You will not create new accounts to evade a mute, suspension, or community ban. We may suspend new accounts that we determine are evading prior enforcement actions against you.
Circumvent the report mechanism. You will not pressure, threaten, or retaliate against any user for filing a report against you. Doing so is itself a violation and accelerates enforcement.
Track, stalk, or surveil anyone. You will not use location shared with you — on the map, in an alert, through a share link, or through a route — to follow, find, monitor, or pressure a person, and you will not re-publish it or pass it on to someone it was not shared with. You will not use HUM to monitor anyone without their knowledge, including a family member or someone whose device you control.
Misuse a Guardian roster. You will not register people on a roster without the authority to do so, use roster tools to send unwanted messages, or attempt to obtain safety information about a member through an organization's account.
Attack the service. You will not scrape it, probe it, bypass its rate limits or access controls, use it through unauthorized automated clients, or interfere with anyone else's use of it. Good-faith security research reported to
legal@humsafety.comis welcome, and we will not pursue researchers who act in good faith and give us reasonable time to fix what they find.Break the law with it, or use it in violation of the app stores' terms or the export and sanctions rules in § 16.4.
13. Reporting and enforcement
How to report
If you observe conduct that violates these Terms, you can file a report from within the HUM app. See our help article on reporting for the entry points and what happens after.
Our review process
We review every report. The actions we may take include, but are not limited to:
- Warning the reported user.
- Muting the reported user's outbound alerts for a fixed period.
- Suspending the reported user's account for a fixed period.
- Permanently terminating the reported user's account in cases of severe or repeated violations.
- For reports against communities: warning community admins, suspending community alert fan-out, or suspending the community.
Automatic holding actions
When an account or community is reported by five or more distinct users within a seven-day window, we may automatically apply a temporary holding action — typically muting outbound alerts or suspending community alert fan-out — pending review by a HUM staff member. Holding actions are not findings of fault; they are a precaution against ongoing harm during review. A staff member will lift or upgrade the holding action after review.
Reporter privacy
We do not disclose the identity of users who file reports to the reported user or to any third party except as required by law or to protect against imminent harm. If we take action on your account based on reports, we will tell you what action we took and the general reason, but we will not identify the reporter.
Appeals
If your account or a community you administer is suspended, you may appeal by responding to the system notice we send you with the suspension. Appeals are reviewed within 48 hours. We will reverse suspensions we determine were issued in error and document the correction.
14. Mute and block
You may mute or block other HUM users at your discretion. Mute prevents notifications from a user from reaching you; block ends all contact in both directions and removes any Circle link between you.
Muting and blocking are private — the muted or blocked user is not notified that the action was taken.
We do not interpret muting or blocking as evidence of any wrongdoing on either side and do not surface these actions in enforcement decisions, except in cases where there is a separate report and the blocking pattern is corroborative of the report's contents.
15. Our authority to act
We may at our discretion take any of the enforcement actions described in § 13 on a HUM account or community, with or without a prior report, when we determine that the account or community has violated these Terms or poses a safety risk to other HUM users. We will provide notice of significant enforcement actions to the affected account, subject to applicable law and to the privacy protections we extend to reporters.
16. Limits, third parties, and the app stores
16.1 Limits we set on the safety system itself
To prevent the safety system from being misused, we apply rate limits to safety alert triggers and to report submissions:
- Safety alerts have a per-account hourly and daily limit, applied per alert type and in combination. Exceeding it produces an error and flags the account for review. The current limits are documented in our help materials and may be adjusted from time to time.
- Requests you send to other people — Circle requests, location-access requests, invitations, wellness checks — are subject to length caps and a per-sender hourly quota, so that a request channel cannot become a way to spam a stranger's lock screen.
- Sign-in code requests are limited per account and per network, and requests to our API are limited per network.
- We may apply limits to other actions, including report submissions, to protect the service and the people using it.
These limits are protective measures and do not override your real-world responsibility to seek emergency assistance through local emergency services in an actual emergency. HUM is not an emergency response service.
16.2 Third-party services
The service depends on providers we do not control — including mobile carriers, push notification services, mapping and geocoding providers, payment processors, and identity verification. Their outages, errors, and policy changes can degrade or interrupt HUM. Their handling of your data is described in the Privacy Policy.
16.3 App Store terms
If you obtained the app from the Apple App Store, you acknowledge:
- These Terms are between you and Hum Ltd. only, not with Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to furnish maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
- Hum Ltd., not Apple, is responsible for addressing any claim relating to the app, including product liability, failure to conform to legal or regulatory requirements, consumer protection claims, and third-party claims that the app infringes intellectual property rights.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Comparable terms in Google Play's developer distribution and user terms apply where you obtained the app from Google Play.
16.4 Export and sanctions
You represent that you are not located in, and are not a national or resident of, a country subject to a U.S. government embargo or designated as supporting terrorism, and that you are not on any U.S. government list of prohibited or restricted parties.
17. Termination, deletion, and what survives
You may stop at any time. You can delete your HUM account from the app. Deletion requires that you are not in an active alert and that you have re-entered your PIN, so that someone holding your unlocked phone during an incident cannot erase your account.
What deletion does. We erase the identifying contents of your account — your name, username, phone number, recovery email, medical information, PIN, location, and identity-verification state — and we revoke your sessions. Your account cannot be signed into or restored afterwards.
What deletion deliberately does not erase. Reports other people filed about you, the record of moderation actions taken on your account, and blocks other people placed on you all survive deletion. Someone who has harmed another user must not be able to erase the record by deleting their account. Messages and content you already sent to other people remain in their copies. Where content stays visible to others, it is attributed to a deleted user rather than to you.
Deletion does not cancel a paid subscription. Cancel Hum+ in the App Store or Google Play before you delete, or you will keep being charged (§ 10.2.6).
We may suspend or terminate your access for a violation of these Terms, for a legal requirement, for non-payment, or where continued access poses a safety risk to others (§ 13, § 15).
What survives termination. Sections 8.2 (licence, as limited), 12, 17.3, 18, 19, 21, 22 and 23 survive.
18. Disclaimers
The service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting § 3, we do not warrant that:
- Alerts will be delivered, delivered on time, seen, or acted on.
- Location will be accurate, current, or available.
- The service will be uninterrupted, secure, or error-free.
- Any other user — verified, in a verified group, or otherwise — is trustworthy, safe, or who they claim to be.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
19. Assumption of risk, limitation of liability, and release
PLEASE READ THIS SECTION CAREFULLY. IT HAS YOU ACCEPT THE RISKS OF USING HUM, LIMITS WHAT YOU CAN RECOVER FROM THE HUM PARTIES, AND RELEASES CLAIMS AGAINST THEM. IT AFFECTS YOUR LEGAL RIGHTS.
19.1 Assumption of risk
You understand that HUM is a peer-to-peer safety coordination tool and not a professional or emergency response service, and that its usefulness depends on factors outside our control — including network and device availability, third-party services, and whether the people you rely on choose or are able to respond. You accept these limitations and use HUM at your own risk.
19.2 Limitation of liability and release
To the fullest extent permitted by applicable law:
Release. You agree not to hold Hum Ltd., its owners, officers, directors, employees, contractors, agents, and other representatives (collectively, the "HUM Parties") responsible or liable for any harm, injury, loss, or damages — whether physical, emotional, financial, or otherwise — arising out of or relating to your use of, or inability to use, the HUM app, including any act or omission of another user, any failure or delay of an alert to send, deliver, or be acted upon, and any reliance you place on the service.
Exclusion of damages. In no event will the HUM Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of life, personal injury, or property damage, arising out of or relating to the service, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if a HUM Party has been advised of the possibility of such damages.
Cap on liability. To the extent any HUM Party is found liable notwithstanding the above, that liability is limited in the aggregate to the greater of the amount you paid us for the service in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100).
Mandatory carve-out. Nothing in this section limits or excludes any liability that cannot be limited or excluded under applicable law — including, in many jurisdictions, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct. Where any provision of this section is held unenforceable, the remainder continues to apply to the fullest extent permitted.
20. Indemnification
You agree to indemnify and hold the HUM Parties harmless from any claim, demand, loss, or expense (including reasonable legal fees) brought by a third party and arising out of your use of the service, your content, your violation of these Terms, or — for an organization — the roster data it submitted and the representations it made in § 11.1.
21. Governing law
These Terms, and any dispute or claim arising out of or relating to them, their subject matter, or your use of HUM (whether based in contract, tort, statute, or otherwise), are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of § 22.
Subject to § 22, you and Hum Ltd. agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Denver County, Colorado, and you consent to the personal jurisdiction and venue of those courts.
22. Dispute resolution; binding arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal resolution first. Before starting an arbitration, you agree to first contact us at
legal@humsafety.comand give us 30 days to resolve the dispute informally. Most concerns can be resolved this way.Agreement to arbitrate. If we cannot resolve the dispute informally, you and the HUM Parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the HUM service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as provided below. Judgment on the award may be entered in any court with jurisdiction.
Class-action waiver. You and the HUM Parties agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in the courts identified in § 21 to protect intellectual property or prevent unauthorized access to the service. Nothing in this section requires arbitration of any claim that applicable law does not permit to be arbitrated, including the liabilities preserved by the Mandatory carve-out in § 19.2.
30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to
legal@humsafety.comwith your account name and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.Severability. If the class-action waiver in paragraph 3 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in the courts identified in § 21; the remainder of this section continues to apply.
23. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Hum Ltd. about the service, and replace any earlier agreement about it.
- Severability. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force.
- No waiver. Our not enforcing a provision is not a waiver of it.
- Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Notices. We may give you notice in the app, by push notification, or
at the phone number or email on your account. Notices to us go to
legal@humsafety.com. - No third-party beneficiaries, except as stated in § 16.3.
- Force majeure. We are not liable for failures caused by events beyond our reasonable control.
- Contact. Questions about these Terms:
legal@humsafety.com.