Terms of Service

#Open Terms of Service 

Last Updated: 12/30/2024

Open App, LLC is the owner and operator of the #Open mobile application and www.hashtagopen.com (“#Open, us, our, ours, etc.”). #Open is an inclusive dating app for ethically non-monogamous people and their partners of all gender identities and orientations, from all walks of life, in any sort of relationship that makes you happy, no matter what gets you going. These Terms of Service are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through #Open (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on #Open, (“Materials”), and any Materials posted to or otherwise shared on #Open by you (“Content”). 

By accessing #Open or using the Services, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Service, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness. 

We reserve the right to revise these Terms of Service at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” option on your device when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of #Open. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights. 

1. Accounts 

A. Registration 

You may register for a single-user account (“Solo Profile”), or you may also register for or join a multiple-partner shared account (“Partnered Profile”), provided you meet the requirements set

forth herein and otherwise abide by these Terms of Service. By joining a Partnered Profile, you understand and agree that all other users of the Partnered Profile will have access to the account on their own device. If you join a Partnered Profile, you may switch between your Solo Profile and Partnered Profile in your account settings. 

B. Accuracy 

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any Materials posted by our users. 

C. No Account Sharing 

While we permit individuals to use Partnered Profiles, you will not use, attempt to access, or ask for the login credentials for any third party’s Solo Profile or any Partnered Profile which you are not authorized to access. You will not allow any third party to access or use your Solo Profile, and you will not allow any unauthorized third party to access or use your Partnered Profile. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account(s), either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons. 

D. Termination by You 

You may delete your account by clicking “Delete” on the Solo Profile tab in your account settings. You may leave a Partnered Profile by clicking “Delete” on the Partner Profile tab in your account settings. 

You will not assign, transfer, sell, or share your membership to unauthorized users of #Open. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due. 

E. Termination by Us 

We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion. 

2. Grant of Rights

A. Materials 

You understand that all we are offering you is access to #Open and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access #Open or use the Services. All users may access certain public areas of #Open and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of #Open for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of #Open or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access #Open and use the Services and the Materials therein, as limited by your in-app purchases. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access #Open and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials. 

B. Content 

We may permit you to submit Content to #Open. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to #Open non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to #Open. 

You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of #Open (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Service. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of #Open at our sole discretion. By posting Content to #Open, you consent to (i) being depicted the Content, and (ii) the Content being publicly distributed on #Open. 

Further, you grant each user of #Open a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through #Open, as permitted through #Open and under these Terms of Service, and as limited by that user’s in-app purchases. 

3. Community Guidelines 

Our current Community Guidelines are incorporated into these Terms of Service, and you agree to abide by our Community Guidelines as they are updated from time to time. If you violate our

Community Guidelines, we may remove the violative content and/or temporarily suspend or permanently terminate your account. 

4. Billing and Payments 

A. Purchases 

From time to time, we may allow you to make certain in-app purchases, including access to Supporting Memberships, Spark Packs, and other upgraded features. We reserve the right to charge additional fees for access to #Open or any other feature or service of #Open, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from #Open. 

We bill for Supporting Memberships on an automatic recurring basis. If you fail to renew your Supporting Membership and continue to access certain features on #Open, we may charge you for those features on an a-la-carte basis at our prevailing rates. The price for Supporting Memberships and the other upgraded features related to such Supporting Memberships is prominently displayed on #Open and may be changed by us from time to time. We reserve the right to change the price for Supporting Memberships and other upgraded features at any time, without notice to you, by changing the information prominently displayed on #Open. 

You agree to pay any and all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account. 

B. Third-Party Payment Processing 

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with #Open. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms. 

C. Changes to Your Billing Information 

You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through #Open, if applicable. You are responsible for any credit card charge backs, dishonored checks,

and any related fees that #Open incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent. 

D. Chargebacks 

If you make a purchase on #Open that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. 

E. Changes to Our Billing Methods 

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you. 

F. Refunds 

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback. 

You may cancel your Supporting Membership or any other subscription-based upgraded feature at any time. If you cancel your subscription, you will not be issued a refund, and you will continue to have access to the features related to that subscription until the end of the current billing period. 

G. Billing Errors 

If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Service. 

H. Fraudulent Use of Credit Cards 

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account. 

5. Dispute Resolution and Damages 

A. Governing Law and Venue

These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the Parties that may be subject to these Terms of Service shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Service in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Service. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary. 

B. Waivers 

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury. 

C. Rights to Injunctive Relief 

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. 

D. Additional Fees 

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

6. Disclaimers 

A. We Disclaim All Warranties 

We provide access to #Open and use of the Services “as is” and “with all faults.” We make no warranty that #Open or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to #Open or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on #Open at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through #Open or any transaction entered into through #Open. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade. 

B. Use at Your Own Risk 

You expressly agree that access to #Open and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that #Open or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, #Open, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through #Open is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity. 

C. Offensive and Adult Materials Warning 

#Open contains material that may be considered offensive by third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing Materials they may deem offensive, and you agree to cease accessing #Open and using the Services should you find them offensive. Specifically, you represent and warrant that you are aware that #Open is an inclusive platform which permits the posting of adult Materials, and that you are not offended by adult Materials, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult Materials, and those relating to distributing adult Materials to minors. 

D. Parental Controls Notice 

You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such Materials, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online

safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted Materials on #Open from being displayed or accessed by your children or wards. 

E. Registered Sex Offenders and Safety Tips 

By accessing #Open, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to #Open and use of the Services by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips: 

● Anyone who can commit identity theft can also falsify an online profile. 

● There is no substitute for acting with caution when communicating with any stranger who wants to interact with you. 

● Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it. 

● If you choose to have a face-to-face meeting with another user who you met on #Open, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around. 

F. Fraud and Scam Warning 

While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on #Open. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy for users to solicit money from or to send money to any other user. You expressly understand and agree that if any other user that you are

in communication with on #Open requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion. 

G. No Responsibility for User-Generated Materials 

We expressly disclaim all liability for any user-generated Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no legal obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Service, at any time, for any reason, with or without prior notice. If we choose to monitor #Open at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials. 

H. Privacy / Security Warning 

No website, mobile application, or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and such Content depicting you may be posted online or otherwise distributed without your permission. These actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree #Open shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release #Open from any and all liability and claims associated therewith. 

I. Third-Party Links 

#Open may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on #Open and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or

private information by third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms, conditions, and policies of those third parties, not by these Terms of Service or our other policies. We reserve the right to disable or remove any link at any time. 

J. Violations of Law 

Access to #Open and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access #Open and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party. 

7. Indemnification 

You agree to defend, indemnify, and hold harmless #Open, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use #Open or the Materials, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so. 

8. Limitation of Liability 

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of #Open including claims relating to the following: 

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or publication of

intimate depictions, , violation of prostitution or sex trafficking laws, any financial loss not due to the fault of #Open, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of #Open, unavailability of #Open, its functions and any other technical failure that may result in inaccessibility of #Open, or any claim based on vicarious liability for torts committed by individuals met on or through #Open, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder. 

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of #Open, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith. 

We expressly disclaim any liability or responsibility to you for any of the following: 

● Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal. 

● Personal injury or property damage of any nature resulting from your access to and use of #Open. 

● Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content. 

● Any interruption or cessation of transmission to or from #Open and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with #Open. 

● Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through #Open by any third party. 

● Any incompatibility between #Open and your other services, hardware, or software. 

● Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of #Open to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations. 

9. Intellectual Property 

A. Trademarks

#Open is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on #Open may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits #Open. 

B. Copyrights 

Except for Materials posted by our users, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. #Open, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights. 

C. Notification of Copyright Infringement 

We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on #Open, and we will remove all Materials if properly notified that the Materials infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to #Open, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under is available here: https://hashtagopen.com/dmca-policy/ 

10. Additional Terms for Mobile Users 

A. Apple Users 

If you download our Apple mobile application (“Apple App”), the following apply to you: 

● Both parties acknowledge that these Terms of Service are between you and us only, and not with Apple, and we, not Apple, are solely responsible for #Open and the Materials. 

● We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by Apple’s Terms of Service, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

● We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Service or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App. 

● We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. 

● Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Service do not limit our liability to you beyond what is permitted by applicable law. 

● Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and/or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

● You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

● You may send questions, complaints, and claims related to the App to: 

Open App, LLC 

18 N Main St. STE 3G 

West Hartford CT 06107 

support@hashtagopen.com 

● You must comply with applicable third-party terms of agreement when using the Apple App. 

● Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. 

B. Google Users

If you access the Services through the Google Play Store, you agree to the following additional Terms of Service required by Google: https://play.google.com/intl/en_us/about/play-terms.html. 

11. General 

A. Entire Agreement 

These Terms of Service and any other legal notice or agreement published by us on #Open, forms the entire agreement between you and us concerning your use of #Open. It supersedes all prior terms, understandings, or agreements between you and us regarding use of #Open. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

B. Policies of Our Service Providers 

You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern. 

C. Assignment and Delegation 

We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void. 

D. Severability 

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable. 

E. Cumulative Remedies 

All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise. 

F. Successors and Assigns

These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service. 

G. Force Majeure 

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors. 

H. Notices 

Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on #Open, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support@hashtagopen.com unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service. 

I. Communications are Not Private 

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into #Open may be read by the agents and operators of #Open, regardless of whether they are the intended recipients of such messages. 

J. Authorization and Permission to Send Emails to You 

You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult materials, sexual materials and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list.

You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law. 

K. Consideration 

We allow you to access and use #Open, the Services, and the Materials, as limited by your in-app purchases, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of #Open. 

L. Electronic Signatures 

You agree to be bound by any affirmation, assent, or agreement you transmit through #Open. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. 

M. English Language 

We have written these Terms of Service and our policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding. 

N. Export Control 

You understand and acknowledge that the software elements of the Materials on #Open may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 

O. No Agency Relationship 

Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

P. Usages 

In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply: 

● References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time. 

● In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.” 

● References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality. 

● “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings. 

● “Including” means “including, but not limited to.” 

Q. No Waiver 

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Service. 

R. Headings 

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service. 

S. Law Enforcement 

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in #Open receiving a subpoena, discovery request, production order, search warrant, or court order that causes #Open to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs, or legal fees upon our request.

T. Other Jurisdictions/Foreign Law 

We make no representation that #Open, the Services, or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access #Open and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that #Open is subject to the laws of any nation besides the United States. 

U. Service Not Available in Some Areas 

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access #Open. #OPEN IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use #Open while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that #Open cannot be held liable if laws applicable to you restrict or prohibit your participation. #Open makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on #Open, nor shall any person affiliated, or claiming affiliation, with #Open have authority to make any such representations or warranties. We reserve the right to restrict access to #Open in any jurisdiction. 

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© Walters Law Group (2024). All rights reserved.

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