Terms of Service

Welcome to Hiliree.

These Terms of Service (“Terms”) are a legal agreement between you and Root AFT LLC, doing business as Hiliree (“Hiliree,” “we,” “us,” or “our”) and govern your access to and use of the Hiliree mobile application, website, features, content, tools, and related services (collectively, the “Service”).

By creating an account, selecting an option indicating acceptance, or otherwise accessing or using the Service after being presented with these Terms, you agree to be bound by them.

If you do not agree, do not create an account or use the Service.

These Terms should be read together with Hiliree’s:

• Privacy Policy.
• Cookies and Similar Technologies Policy.
• Child Safety Standards.
• Community Guidelines.
• Third-Party Tools and Open-Source Components notices.
• Other notices or policies presented through the Service.

Certain features may also have additional terms presented when you use them. Those additional terms become part of your agreement with Hiliree for the applicable feature.

Introduction

Hiliree is a family-connection platform designed to help individuals and families:

• Build and manage family trees.
• Connect with relatives.
• Preserve memories.
• Share family updates.
• Communicate.
• Organize family events.
• Explore Hiliree Insights.
• Maintain family information across generations.

Depending on available functionality, the Service may include:

• Family trees.
• Family profiles.
• Handshake Invites.
• Tree access permissions.
• Privacy controls.
• Moments.
• Chats.
• Voice and video calls.
• Events.
• Map and location features.
• Hiliree Insights.
• Notifications.
• Family-history features.
• Other family-related tools.

Definitions

For purposes of these Terms:

“Account” means a registered Hiliree user account.

“Content” means information, data, text, photographs, images, audio, video, messages, family-tree information, locations, comments, events, memories, Moments, and other materials available through the Service.

“Family Profile” means a record representing a person within a family tree. A Family Profile may exist even if the person represented does not have a Hiliree Account.

“Family Tree” or “Tree” means a family relationship structure created and managed through Hiliree.

“Tree Owner” means the user who creates or is designated to manage the applicable Family Tree, subject to Hiliree’s Service rules.

Tree ownership refers to management and control of the applicable tree structure and permissions. It does not mean the Tree Owner owns another person’s identity, legal rights, personal information, intellectual property, or independently contributed User Content.

“Tree Participant” means a user who has been granted access to another person’s Family Tree.

“Handshake Invite” means Hiliree’s mutual connection process through which eligible accounts may confirm a family connection.

“Hiliree Insights” means family-history, naming, cultural, relationship, pattern, or similar experiences designed to support curiosity, storytelling, reflection, and family conversation.

“User Content” means Content submitted, uploaded, posted, transmitted, shared, or otherwise provided by a user.

“Minor” means a person under age 18 for purposes of Hiliree’s child-safety rules, while account eligibility remains subject to the minimum age requirements in Section 3.

Eligibility

You must generally be at least 13 years old, or meet any higher minimum age required in your jurisdiction, to create or use a Hiliree Account.

If you are under 18 or below the age of majority where you live, you may use Hiliree only with the permission of a parent or legal guardian where required.

By using Hiliree, you represent that:

• You satisfy the applicable minimum-age requirement.
• You have legal capacity to enter into these Terms or have any legally required parent or guardian permission.
• Your use of Hiliree is lawful.
• Information you provide for your own Account is not intentionally false or misleading.

A child or minor may be represented within a Family Tree without having a Hiliree Account.

Creating a Family Profile representing a child does not create an Account for that child.

Hiliree may restrict or terminate an Account that does not satisfy applicable age requirements.

Additional requirements concerning minors are contained in Hiliree’s Child Safety Standards.

Accounts and Account Security

Certain features require an Account.

You agree to:

• Provide accurate Account information.
• Keep your Account information reasonably current.
• Protect your login credentials.
• Protect your device.
• Keep verification codes confidential.
• Notify Hiliree if you suspect unauthorized access.
• Take reasonable steps to prevent misuse of your Account.

You may not:

• Impersonate another person.
• Create an Account using information you are not authorized to use.
• Sell or transfer your Account.
• Allow another person to use your Account to evade a suspension or restriction.
• Access another user’s Account without authorization.

You are responsible for activity occurring through your Account to the extent permitted by applicable law.

Hiliree may require additional authentication or verification where reasonably necessary for security.

Family Profiles and Information About Other People

Hiliree allows users to create Family Profiles representing relatives and other family members.

You may therefore add information about someone who:

• Has a Hiliree Account.
• Does not yet have a Hiliree Account.
• Is deceased.
• Is a minor.

You agree to add family information respectfully and only where you have an appropriate family context, authority, permission, or other lawful basis.

Creating a Family Profile does not:

• Create an Account for that person.
• Give you ownership of that person’s identity.
• Give you unrestricted rights over that person’s personal information.
• Prevent the represented person from exercising applicable privacy rights.

Hiliree may review privacy requests relating to information contained in Family Profiles.

Family Tree Ownership

The person who creates or manages a Family Tree may be designated as its Tree Owner.

Tree ownership gives the Tree Owner authority to manage the applicable tree and available tree permissions.

Tree ownership does not mean that the Tree Owner owns:

• Other users’ Accounts.
• Another person’s identity.
• Another person’s independent User Content.
• Intellectual-property rights belonging to another person.
• Another individual’s privacy or legal rights.

Inviting another person into a Tree does not by itself transfer ownership of that Tree.

Family Tree Permission

Hiliree may allow Tree Owners to assign different levels of access.

Depending on available functionality, these may include:

No Access

The connected user does not receive access to the applicable Family Tree beyond information otherwise available to them.

View Only

The user may view permitted information within the applicable Tree but cannot edit that Tree.

Edit

The user may add or modify permitted Family Tree information subject to:

• The permissions assigned by the Tree Owner.
• Applicable privacy settings.
• Hiliree policies.
• Available Service functionality.

View Only and Edit access do not transfer ownership of the originating Family Tree.

Tree Owners may change available permissions.

Changing another person’s access to your Tree does not delete that person’s Hiliree Account or independently owned Family Tree.

Independent Family Trees

A user does not have to surrender ownership or control of their own family information merely because another relative has invited them to a Family Tree.

A user may create and manage a separate Family Tree even if that user:

• Appears within another Family Tree.
• Has accepted a Handshake Invite.
• Has View access to another Tree.
• Has Edit access to another Tree.

Separate Family Trees may contain overlapping:

• Relatives.
• Relationships.
• Family-history information.
• Locations.
• Events.
• Other family information.

Unless Hiliree expressly provides otherwise, separate Trees are not automatically merged merely because they contain the same relative or relationship.

Each Tree remains subject to its applicable:

• Ownership.
• Contributors.
• Permissions.
• Privacy settings.
• User Content.

Handshake Invites

Hiliree’s Handshake Invite process is intended to provide mutual confirmation before eligible Hiliree Accounts become connected.

You may not use Handshake Invites to:

• Impersonate another person.
• Falsely represent a relationship.
• Harass someone.
• Circumvent a block or restriction.
• Obtain unauthorized access.
• Groom, exploit, stalk, or endanger another person.
• Send fraudulent or abusive invitations.

Accepting a Handshake Invite does not automatically:

• Transfer Tree ownership.
• Merge Family Trees.
• Provide Edit access.
• Provide unrestricted access to a Family Tree.
• Override applicable privacy settings.

Connection and Tree access are separate controls.

Privacy Controls

Hiliree may provide privacy settings that operate independently from Tree permissions.

Depending on available functionality, Hiliree may provide:

User-Level Privacy

User-Level Privacy applies to information relating to the individual user.

This may include controls governing visibility of the user’s:

• Birthday.
• Location.
• Contact information.

Family-Level Privacy

Family-Level Privacy allows applicable privacy restrictions to be applied across people represented within a particular Family Tree.

This may include restricting or blurring applicable:

• Birthday information.
• Location information.
• Contact information.

A Family-Level privacy restriction may make information less visible across the applicable Tree.

A Tree Owner cannot rely on Family-Level Privacy to obtain greater access to information that is already subject to a more restrictive applicable personal privacy setting.

Privacy controls may change visibility without deleting the underlying information.

Relationship Between Connection, Access, and Privacy

Hiliree treats the following as separate concepts:

Family relationship
Being represented as related to another person.

Handshake connection
Mutual confirmation between eligible Accounts.

Tree ownership
Management authority over a Family Tree.

Tree access permission
No Access, View Only, Edit, or another available permission.

Privacy setting
A control governing visibility of particular information.

Being related to another person does not automatically provide unrestricted access to that person’s information.

User Content and Ownership

You retain the ownership rights you have in your User Content.

Submitting User Content to Hiliree does not transfer ownership of that User Content to Hiliree.

However, you grant Hiliree a non-exclusive, worldwide, royalty-free license to:

• Host.
• Store.
• Reproduce.
• Process.
• Transmit.
• Display.
• Format.
• Adapt technically.
• Back up.
• Moderate.

your User Content as reasonably necessary to provide, operate, secure, maintain, personalize, and improve the Service.

Hiliree may sublicense those limited rights to service providers only to the extent reasonably necessary for them to provide services to Hiliree.

This license may be transferred as part of a merger, acquisition, restructuring, or similar transfer of Hiliree’s business, subject to applicable law.

Hiliree does not obtain ownership of your family photographs, memories, stories, or other User Content merely because you upload them.

Hiliree does not sell User Content or use User Content, family information, communications, photos, videos, or Family Tree information for third-party or targeted advertising.

Hiliree may process User Content through authorized service providers only as reasonably necessary to provide, secure, maintain, personalize, and improve the Service, subject to Hiliree’s Privacy Policy.

User Content Representing Other People

Family platforms necessarily involve information concerning more than one person.

You acknowledge that User Content you contribute may relate to:

• Other living adults.
• Children.
• Deceased relatives.
• Other family members.

You agree not to upload information about another person where doing so would unlawfully violate that person’s:

• Privacy.
• Intellectual-property rights.
• Publicity rights.
• Safety.
• Data-protection rights.
• Other applicable rights.

Access to information through Hiliree does not automatically authorize you to republish or distribute that information elsewhere.

User Content Standards

You must not submit User Content that:

• Is unlawful.
• Infringes another person’s rights.
• Constitutes harassment or threats.
• Facilitates stalking.
• Is fraudulent or deceptive.
• Contains malicious code.
• Contains prohibited sexual exploitation.
• Violates Hiliree’s Child Safety Standards.
• Promotes terrorism or unlawful violent extremism.
• Violates applicable intellectual-property rights.
• Contains another person’s highly sensitive personal information without appropriate authority.
• Is otherwise prohibited under Hiliree policies.

Hiliree may remove or restrict User Content that violates these Terms or applicable policies.

Hiliree Insights

Hiliree may provide Hiliree Insights based on information and context available through the Service.

Hiliree Insights are intended to support:

• Curiosity.
• Family conversation.
• Storytelling.
• Reflection.
• Family-history exploration.

Hiliree Insights may reference general concepts concerning:

• Names.
• Cultural context.
• Family relationships.
• Family patterns.
• Family history.
• Traditions.
• Milestones.
• Other relevant family context.

Hiliree Insights may not always be accurate, complete, or applicable to a particular family.

They should not be treated as verified:

• Genealogy research.
• DNA analysis.
• Ancestry determination.
• Ethnicity determination.
• Religion determination.
• Biological relationship verification.
• Historical certification.
• Identity verification.
• Medical advice.
• Psychological assessment.
• Legal advice.
• Financial advice.

Users remain responsible for independently evaluating information before relying on it.

No Professional Advice

Hiliree is not a professional:

• Legal service.
• Medical service.
• Mental-health service.
• Financial service.
• Tax service.
• Genetic testing service.
• Certified genealogy service.
• Religious authority.
• Identity-verification service.

Information available through the Service should not substitute for qualified professional advice or official records where those are required.

Moments, Memories, and Media

Hiliree may allow users to share:

• Photos.
• Videos.
• Memories.
• Moments.
• Milestones.
• Announcements.
• Memorials.
• Family stories.

You are responsible for ensuring you have appropriate rights to share content involving another person.

Extra care should be taken with:

• Minors.
• Sensitive family events.
• Locations.
• Private communications.
• Personal contact information.

Content that could expose another person to embarrassment, stalking, harassment, or harm.

Messaging, Voice, and Video

Hiliree may provide chat, voice, and video functionality.

These features are intended for lawful family communication.

You may not use them to:

• Harass.
• Threaten.
• Groom.
• Stalk.
• Exploit.
• Blackmail.
• Defraud.
• Solicit unlawful content.
• Circumvent another person’s safety controls.

Hiliree may restrict communication functionality where reasonably necessary to protect users or enforce its policies.

Not an Emergency Service

Hiliree is not an emergency communications service.

Do not rely on Hiliree chat, voice calls, video calls, notifications, reporting tools, or support channels to contact:

• Police.
• Fire services.
• Emergency medical services.
• Child-protection emergency responders.
• Other emergency authorities.

If you or another person is in immediate danger, contact the appropriate local emergency service or law-enforcement agency directly.

Map and Location Features

Hiliree may allow users to add or view:

• Profile locations.
• Pinned places.
• Event locations.
• Family locations.
• Meaningful places.
• Locations associated with deceased relatives.

Unless a particular feature expressly states otherwise, Hiliree’s Map View should not be treated as continuous real-time location tracking.

You are responsible for using location features carefully.

Do not use Hiliree to:

• Stalk.
• Secretly monitor.
• Track another person without authority.
• Expose a minor’s sensitive location.
• Facilitate harassment or harm.

Available privacy controls should be used when location information should not be visible.

Reporting, Blocking, and Safety Controls

Hiliree provides safety and privacy controls that allow users, where applicable, to:

• Report content.
• Report accounts.
• Block users.
• Restrict interactions.
• Unlink users.
• Disconnect relationships.
• Remove Family Profiles.
• Modify Tree permissions.
• Modify privacy settings.

These actions may have different effects.

For example:

• Blocking may limit interactions.
• Unlinking disconnects an applicable Account/profile connection.
• Delete Family Member removes a profile from an applicable Tree.
• Changing Tree Access changes another user’s permission to that Tree.
• Changing Privacy Settings changes the visibility of applicable information.

Hiliree may take additional enforcement action where appropriate.

Nonconsensual Intimate Images

Hiliree prohibits the posting, sharing, transmission, creation, or distribution of intimate images or videos of another person without appropriate consent, including digitally altered, artificially generated, or AI-generated intimate images.

A person who believes that an intimate image or video depicting them has been shared through Hiliree without consent may submit a removal request through Hiliree’s designated reporting process.

Hiliree will review qualifying requests and remove applicable content, including known identical copies where required, within the timeframe required by applicable law.

Hiliree may preserve relevant records where reasonably necessary for legal compliance, safety investigations, evidence preservation, or cooperation with lawful authorities.

Content involving minors is also subject to Hiliree’s Child Safety Standards and may be reported to appropriate authorities where required by law.

Moderation and Enforcement

Hiliree may review content, accounts, reports, or activity where appropriate to:

• Enforce these Terms.
• Protect users.
• Protect minors.
• Investigate reports.
• Prevent fraud.
• Protect Service security.
• Comply with law.

Hiliree may use technical safeguards, moderation processes, user reports, and other safety mechanisms.

Hiliree does not undertake a general obligation to monitor every communication or piece of User Content.

No moderation or safety system can identify every violation.

Child Safety

Hiliree has zero tolerance for child sexual abuse and exploitation.

Users may not use Hiliree to:

• Create, possess through the Service, request, share, or distribute CSAM.
• Sexually exploit minors.
• Groom minors.
• Engage in sextortion.
• Traffic minors.
• Sexually solicit minors.
• Endanger minors.
• Facilitate prohibited abuse.

Hiliree may:

• Remove content.
• Restrict access.
• Suspend Accounts.
• Permanently terminate Accounts.
• Preserve information where legally permitted or required.
• Report conduct where legally required.
• Cooperate with appropriate authorities.

Additional rules are provided in Hiliree’s Child Safety Standards.

Intellectual Property Rights

Except for User Content and third-party material, Hiliree and its licensors retain all rights in the Service, including rights in:

• Software.
• Code.
• Interfaces.
• Visual design.
• Logos.
• Trademarks.
• Service marks.
• Branding.
• Databases.
• Documentation.
• Features.
• Proprietary systems.
• Technology.

Subject to these Terms, Hiliree grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Service for personal and lawful family-related purposes.

This license does not allow you to:

• Copy Hiliree software.
• Sell access to Hiliree.
• Reverse engineer the Service except where applicable law expressly permits it.
• Scrape or systematically extract Service data.
• Circumvent technical controls.
• Create unauthorized derivative services.
• Use Hiliree branding without authorization.

All rights not expressly granted are reserved.

Copyright and Intellectual Property Complaints

Hiliree respects intellectual-property rights.

If you believe content available through Hiliree infringes your copyright, trademark, or other intellectual-property rights, contact:

support@hiliree.com

Please provide sufficient information to identify:

• The protected work.
• The allegedly infringing content.
• Where the content appears.
• Your contact information.
• The basis for your claim.

Hiliree may remove or restrict allegedly infringing content and may terminate Accounts of repeat infringers where appropriate.

Nothing in this section limits any statutory notice requirements that may apply to a formal copyright claim.

Third-Party Services

Hiliree may use third-party providers to support features such as:

• Hosting.
• Storage.
• Authentication.
• Security.
• Communications.
• Maps.
• Notifications.
• Analytics.
• Diagnostics.
• Payments.
• Customer support.
• App distribution.
• Other Service functionality.

Certain third-party functionality may also be governed by the provider’s own terms.

You agree to comply with applicable third-party terms when using functionality dependent on those services.

Hiliree is not responsible for independent third-party services outside Hiliree’s control.

Open-Source Components

Hiliree may incorporate open-source software.

Open-source components remain subject to their applicable licenses.

Where required, applicable notices or license terms may be provided:

• Through the application.
• Through the website.
• Through product documentation.
• Through an Open-Source Notices page.

Nothing in these Terms limits rights granted directly under an applicable open-source license.

Feedback

If you voluntarily submit:

• Suggestions.
• Ideas.
• Product recommendations.
• Feature requests.
• Feedback.

you grant Hiliree a perpetual, worldwide, royalty-free right to use that feedback for lawful business and product purposes without an obligation to compensate you.

This provision does not give Hiliree ownership of unrelated User Content.

Payment and Purchases

Hiliree may offer optional paid features in the future.

Where a purchase is offered, pricing and applicable purchase terms will be presented before payment.

Payments may be processed through:

• Apple.
• Google.
• Other app stores.
• Authorized payment providers.

You agree to comply with applicable provider payment terms.

Taxes may apply where required.

Subscriptions

If Hiliree offers auto-renewing subscriptions, the applicable purchase screen will disclose material terms such as:

• Subscription price.
• Billing period.
• Renewal terms.
• Trial period where applicable.
• Cancellation method.

Unless otherwise stated and permitted by law, an auto-renewable subscription continues until canceled.

If purchased through an app store, cancellation and refund eligibility may be governed by that app store.

Canceling a subscription does not automatically delete your Hiliree Account.

Hiliree will comply with applicable automatic-renewal and consumer-disclosure requirements.

Account Deletion

Users may delete their Account through the Service where available.

Hiliree provides an external account-deletion request process in addition to available in-app account deletion controls.

Users who no longer have access to the Hiliree application may submit an account-deletion request through Hiliree’s designated support webpage.

Account deletion is different from:

• Deleting a Family Profile.
• Unlinking a connection.
• Leaving another person’s Tree.
• Revoking another person’s Tree permission.

When an Account is deleted, Hiliree will handle Account-associated personal information and User Content in accordance with its Privacy Policy and applicable law.

Information may be retained only where legally permitted or required for purposes such as:

• Legal compliance.
• Fraud prevention.
• Security.
• Child safety.
• Dispute resolution.
• Financial records.
• Enforcement.

Information Independently Created by Other Family Members

Deleting your Account does not necessarily require Hiliree to erase every independent family-history record another user has created about you.

For example, your relative may maintain a Family Profile representing you within that relative’s separately owned Tree.

However, you may have applicable rights to request:

• Access.
• Correction.
• Restriction.
• Deletion.
• Other privacy action.

Requests are handled under Hiliree’s Privacy Policy and applicable law.

Suspension and Termination

Hiliree may restrict, suspend, or terminate an Account where reasonably appropriate because:

• These Terms were violated.
• A Hiliree policy was violated.
• The Account presents a safety risk.
• The Account appears compromised.
• Fraud or abuse is suspected.
• Child-safety violations occur.
• Required by law.
• Necessary to protect the Service or other users.

Where appropriate and legally required, Hiliree may provide notice or an opportunity for review.

Serious safety, fraud, security, or child-exploitation violations may result in immediate action.

You may stop using Hiliree at any time.

Service Availability and Changes

Hiliree may:

• Add features.
• Modify features.
• Remove features.
• Change technical requirements.
• Suspend functionality.
• Discontinue portions of the Service.

Hiliree may make changes for reasons including:

• Product improvement.
• Security.
• Privacy.
• Reliability.
• Legal compliance.
• Provider changes.
• Business requirements.

Where applicable law requires advance notice of a material change affecting paid functionality, Hiliree will provide that notice.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

HILIREE DOES NOT GUARANTEE THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE.
• THE SERVICE WILL ALWAYS BE ERROR-FREE.
• EVERY PIECE OF USER-PROVIDED FAMILY INFORMATION IS ACCURATE.
• HILIREE INSIGHTS ARE VERIFIED.
• EVERY SECURITY OR SAFETY THREAT WILL BE PREVENTED.
• EVERY POLICY VIOLATION WILL BE IDENTIFIED.
• THIRD-PARTY SERVICES WILL ALWAYS REMAIN AVAILABLE.
• EVERY FAMILY RELATIONSHIP ENTERED BY USERS IS CORRECT.

TO THE EXTENT PERMITTED BY LAW, HILIREE DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HILIREE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICE.

THIS MAY INCLUDE LOSS ARISING FROM:

• USER-PROVIDED FAMILY INFORMATION.
• ACTIONS OF ANOTHER USER.
• SERVICE INTERRUPTION.
• THIRD-PARTY SERVICE FAILURE.
• LOSS OF DATA.
• UNAUTHORIZED USER SHARING.
• RELIANCE ON HILIREE INSIGHTS.
• FAMILY DISPUTES ARISING FROM USER-CONTRIBUTED INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HILIREE’S TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID DIRECTLY TO HILIREE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
(B) US $100.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including where applicable liability arising from:

• Fraud.
• Willful misconduct.
• Gross negligence where limitation is prohibited.
• Death or personal injury where limitation is prohibited.
• Non-waivable consumer rights.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Hiliree harmless from third-party claims arising directly from:

• User Content you unlawfully submit.
• Your intentional violation of another person’s rights.
• Your unlawful misuse of the Service.
• Your violation of these Terms.
• Your fraudulent, abusive, or exploitative conduct.

This obligation does not apply to the extent a claim results from Hiliree’s own unlawful conduct.

Hiliree may assume control of the defense of a covered claim, and you agree to reasonably cooperate.

IMPORTANT DISPUTE RESOLUTION AND ARBITRATION NOTICE

PLEASE READ THIS SECTION CAREFULLY.

UNLESS YOU OPT OUT AS DESCRIBED BELOW, YOU AND HILIREE AGREE THAT MOST DISPUTES WILL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN A COURT BEFORE A JUDGE OR JURY.

ARBITRATION MEANS THAT A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, GENERALLY DECIDES THE DISPUTE.

BY AGREEING TO THIS SECTION, BOTH YOU AND HILIREE GIVE UP THE RIGHT TO HAVE COVERED DISPUTES DECIDED IN COURT BY A JUDGE OR JURY, EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED BELOW.

Informal Resolution First

Before starting arbitration or litigation, the complaining party must first provide the other party with written notice describing:

• The dispute.
• The relevant facts.
• The requested resolution.

A user may send notice to:

support@hiliree.com

Hiliree will send notices using the applicable Account contact information.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

Binding Individual Arbitration

If the dispute is not resolved informally, either party may initiate binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules.

The applicable AAA consumer rules and fee schedule govern the arbitration except where these Terms lawfully provide otherwise.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision to the extent applicable.

Consumer Costs

Consumer arbitration fees will be allocated according to the applicable AAA Consumer Arbitration Rules and fee schedule.

Hiliree will pay amounts the AAA rules require the business to pay.

Hiliree will not require a consumer to pay arbitration fees in excess of amounts permitted under applicable consumer arbitration rules or law.

Location and Format

The arbitration may occur:

• Remotely.
• By telephone.
• By video conference.
• Through written submissions.
• In person where appropriate.

Where applicable consumer rules or law provide the user a right concerning hearing location, those rights will be respected.

Small Claims Court

Either party may bring an eligible individual claim in small claims court instead of arbitration.

Temporary Injunctive Relief

Either party may seek temporary or emergency injunctive relief from a court of competent jurisdiction where necessary to prevent immediate and irreparable harm while arbitration is pending.

Seeking such temporary relief does not waive the obligation to arbitrate the underlying covered dispute where arbitration is otherwise required.

No Class or Representative Arbitration

To the fullest extent permitted by law, covered disputes must be resolved on an individual basis.

Neither party may pursue covered claims in arbitration as a:

• Class action.
• Collective action.
• Representative action.
• Consolidated proceeding on behalf of unrelated users.

If applicable law makes a particular portion of this waiver unenforceable for a specific claim or remedy, that portion will be handled as required by applicable law.

Arbitration Opt-Out

You may opt out of this arbitration agreement by sending an email to:

support@hiliree.com

with the subject:

Arbitration Opt-Out

within 30 days after you first accept the version of these Terms containing this arbitration agreement.

Your notice must include sufficient information for Hiliree to identify your Account.

Opting out of arbitration will not affect your ability to use Hiliree.

If you validly opt out, disputes will be resolved under the otherwise applicable portions of these Terms.

Governing Law

Except where applicable consumer law requires otherwise, these Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

Nothing in these Terms deprives a consumer of mandatory protections available under the law of the consumer’s jurisdiction.

Intellectual Property or Security Claims

Nothing in these Terms prevents either party from seeking legally available relief concerning:

• Intellectual-property infringement.
• Misappropriation.
• Unauthorized system access.
• Theft of confidential information.

Any arbitration requirement continues to apply except where applicable law permits or requires court proceedings.

App Store and Platform Terms

If you download Hiliree through Apple, Google, or another app distribution platform, additional platform terms may apply.

You agree to comply with applicable:

• App-store rules.
• Device terms.
• Operating-system terms.
• Third-party service terms.

Where platform terms conflict with these Terms and the platform requires its terms to control, the applicable platform requirement will control to that extent.

Apple App Store Terms

If you obtain Hiliree through Apple’s App Store, the following additional terms apply:

Agreement With Hiliree, Not Apple

These Terms are between you and Hiliree, not Apple.

Hiliree, not Apple, is responsible for the Hiliree application and its content.

License

Your license to use Hiliree on Apple-branded products is limited, non-transferable, and subject to Apple’s applicable Usage Rules, including permitted Family Sharing or other Apple-authorized use.

Maintenance and Support

Hiliree, not Apple, is responsible for maintenance and support of the application to the extent required by these Terms or applicable law.

Apple has no obligation to provide maintenance or support.

Warranties

To the extent any applicable warranty cannot legally be disclaimed and the Hiliree application fails to conform to that warranty, you may notify Apple, and Apple may refund any applicable purchase price for the application as required by Apple’s terms.

To the maximum extent permitted by law, Apple has no other warranty obligation concerning Hiliree.

Product Claims

Hiliree, not Apple, is responsible for claims relating to Hiliree, including claims concerning:

• Product liability.
• Applicable legal or regulatory requirements.
• Consumer-protection obligations.
• Privacy claims.

Intellectual Property Claims

If a third party alleges that the Hiliree application infringes that party’s intellectual-property rights, Hiliree, not Apple, is responsible for investigation, defense, settlement, and discharge of the claim to the extent required by applicable law.

Apple as Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this Section.

Upon your acceptance of these Terms, Apple has the right to enforce the applicable Apple-specific provisions against you as a third-party beneficiary.

Export Controls and Sanctions

You may not use, export, re-export, or otherwise access Hiliree in violation of applicable U.S. or other export-control or sanctions laws.

Where required for Apple distribution, you represent that:

• You are not located in a country or region subject to a comprehensive U.S. Government embargo where use would be prohibited.
• You are not listed on a U.S. Government restricted or prohibited-party list that prevents your use of the Service.

Changes to These Terms

Hiliree may update these Terms to reflect changes in:

• Law.
• Service functionality.
• Safety requirements.
• Privacy practices.
• Business operations.
• Platform requirements.

The Last Updated date identifies the current version.

Where legally required, Hiliree will provide additional notice of material changes.

Where a material change requires renewed agreement, Hiliree may ask users to affirmatively accept the updated Terms.

Hiliree will not rely solely on continued use where applicable law requires affirmative consent.

Miscellaneous

Severability

If a provision is invalid or unenforceable, the remaining provisions remain effective to the extent legally permitted.

No Waiver

Failure to enforce a provision does not waive Hiliree’s ability to enforce it later.

Assignment

You may not assign your rights under these Terms without Hiliree’s consent.

Hiliree may assign these Terms in connection with:

• A merger.
• Acquisition.
• Corporate restructuring.
• Sale of substantially all relevant assets.
• Similar business transaction.

subject to applicable law.

Entire Agreement

These Terms and incorporated policies constitute the agreement between you and Hiliree regarding the Service, except for separate terms expressly agreed for particular features.

Headings

Headings are provided for convenience and do not control interpretation.

Force Majeure

Hiliree is not responsible for delays or failures caused by events beyond its reasonable control, including:

• Natural disasters.
• Widespread internet outages.
• War.
• Government action.
• Major cyberattacks.
• Provider outages.
• Infrastructure failures.
• Other comparable events.

Language

Translations may be provided for convenience.

Unless applicable law requires otherwise, the English version controls if a translation materially conflicts with it.

Contact Us

Questions about these Terms:

Hiliree Support
support@hiliree.com

Privacy and data-rights requests:

Privacy and Data Rights
privacy@hiliree.com

Child-safety concerns:

Child Safety
safety@hiliree.com