Terms of Service

Last Updated: JANUARY 19, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY “HUSHED” SERVICES BECAUSE THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

AffinityClick Inc. (the “Company”) provides the “Hushed” application (the “App”) for any mobile phone, smartphone, handset, tablet, laptop computer or other device enabled for Internet access and/or communication including web applications running under browsers and applications running under Android and iOS operating systems mobile devices (each, a “Device”) together with all versions, modifications and revisions to the App and including, without limitation, (A) the Company’s phone call and text messages services offered on or through the App, (B) the Company’s website located at https://hushed.com/ (the “Website”), (C) the content, functionality and services of the App and Website and (D) any related mobile, tablet and other Device applications, application program interfaces, downloadable applications, features, functionality content or information (the App, such versions, modifications and revisions and the provisions of (A), (B), (C) and (D), collectively, the “Services”) to you subject to these Terms of Service (as changed from time to time, these “Terms”). 

Although all the provisions of these Terms are important, certain provisions of these Terms have been purposely fully capitalized and/or bolded to specifically and conspicuously draw and focus your attention to them. Please pay particular attention to all such capitalized and/or bolded provisions.

BY USING THE SERVICES, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THESE TERMS WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES, WHICH TERMS SPECIFICALLY INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGES AGAINST THE COMPANY THAT MAY ARISE FROM YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES AND YOU MUST NOT DO SO. 

The Company respects the privacy of its users. By using the Services, you consent to the Company’s collection and use of personal data as outlined in the Company’s Privacy Policy located at Privacy Policy – Hushed | Secure second & temporary phone number app (the “Privacy Policy”) which is hereby incorporated by reference into these Terms. Your use of the Services is subject to the terms of the Privacy Policy. When using certain related services and features provided by third parties in connection with the Services including, without limitation, any services provided by any applicable App Store (as defined in Section 2(j)(1) below), you will also be subject to those third parties’ policies.

Any of the Services may be accessed from countries around the world but may contain references that are not available in your country. These references do not imply that the Company intends to provide or implement any such Services in your country. The Company may implement policies and procedures from time to time to limit or restrict the use of virtual private networks (each, a “VPN”), to ensure that the Services are being accessed within the intended geographic regions. The Company makes no representations that any of the Services are appropriate or available for use in any jurisdictions. Without limiting the generality of any provision of these Terms, you hereby acknowledge and agree that your access to the Services is entirely at your own volition and that you are entirely responsible for compliance with all local laws.

1. Changes to these Terms / Updates.

The Company reserves the right, at its sole discretion, to update, modify or change these Terms at any time by publishing the updated, modified or changed Terms on the Website and/or through the App. If the Company makes any material updates, modifications or changes to these Terms, then the Company will provide prominent, advance notice of such material updates, modifications or changes on the Website and/or through the App. Any updates, modifications or changes to these Terms will be effective: (a) immediately for new users of the Services; or (b) upon the expiration of the applicable notice period related to such updates, modifications or changes as posted on the Website and/or through the App. The Company may require you to provide consent to the updated, modified or changed Terms in a specified manner before further use of the Services is permitted. If you do not agree to any update(s), modification(s) or change(s), then your recourse is to cease using the Services, failing which your Account (as defined in Section 2(e) below) and your access to the Services will immediately terminate. Otherwise, your continued use of the Services will constitute your acceptance of such update(s), modification(s) or change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

In addition, the Company may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services or any of them (“Updates”). Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. You consent to all such automatic Updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services. If you do not terminate your Account, then you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and you agree that you will promptly install any Updates provided by the Company. Without limiting the generality of any other provision of these Terms, your continued use of the Services is your agreement to all Updates. You may also need to update third-party software and your Device(s) from time to time to continue to use the Services.

2. Access to and Use of the Services.

a. The Services are designed to allow users to obtain temporary phone numbers for voice, SMS and MMS use, as well as to make and receive voice calls, SMS, and MMS messages via these phone numbers. You acknowledge the Services are not intended to serve as a substitute for your primary phone number but rather as a secondary and temporary phone number. As such, the Services are limited and only provide certain features as specifically indicated.

b. An underlying Internet service is required to use the Services. You are solely responsible for procuring, maintaining and paying for the underlying Internet service that will connect calls made with the Services to your Device. Using the Services requires using your own Internet plan. Internet service charges and/or other charges may apply to your use of the Services depending on your Internet service provider and data consumption among other factors. The Company is not responsible for your underlying Internet service, for any calls made or messages sent across telecommunications networks which are not owned by the Company or its service providers or for problems with your underlying Internet service including, but not limited to, no service, poor reception and/or dropped calls. When you use the Services to send messages, these messages will not be itemized on your wireless phone invoice. THE SERVICES CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST USE A DIFFERENT PHONE SERVICE FOR 911 OR EMERGENCY CALLING.

c. When using the Services, you must either be the owner of the Internet plan for the applicable Device or have the authorization and consent of that owner to use the Services on the Device connected to that Internet plan.

d. DOWNLOADING THE APP, USE OF THE SERVICES AND REGISTRATION FOR ANY ACCOUNT ARE VOID WHERE PROHIBITED BY APPLICABLE LAW. In particular, if you are under 13 years of age (or such other age that is applicable where you live (e.g. 14 years of age if you live in the Province of Quebec or 16 years of age if you live in the States of California, Montana or Oregon)), then you are not authorized to and must not download the App, use the Services and/or register for an Account. By downloading the App, using the Services and/or registering for an Account, you affirm and agree that either: (i) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (ii) if you are between 13 years of age (or such other age that is applicable where you live (e.g. 14 years of age if you live in the Province of Quebec or 16 years of age if you live in the States of California, Montana or Oregon)) and 18 years of age (or the age of majority where you live), then you have reviewed these Terms with your parent or guardian who agrees to be bound by these Terms on your behalf and takes full responsibility for your compliance with these Terms. You agree that you and/or your parent or guardian are fully able and competent to, and do in fact, agree to the provisions, conditions, obligations, representations and responsibilities set forth in these Terms and to abide and comply with these Terms.

e. To access and use the Services, you must create an account (your “Account”). You must safeguard all login information for your Account including Email address, username, password, digital certification and/or other similar security mechanism as used by the App and other Services to identify you that you used to create your Account to access the Services (collectively, your “Login ID”) and you must not disclose your Login ID to any other person. You must immediately notify the Company of any unauthorized use of your Login ID. Your Login ID will be used by the Company solely in accordance with these Terms. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN ID AND ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR LOGIN ID AND YOUR ACCOUNT. You agree to: (i) immediately notify the Company using the contact information in Section 24(b) below of any unauthorized use of your Login ID or Account, or of any other breach of security; and (ii) ensure that you log out from your Account at the end of each session when accessing the Services. Without limiting the generality of any other provision of these Terms, the Company will not be liable for any loss or damage arising from your failure to comply with this Section 2(e).

f. The Company reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Without limiting the generality of any other provision of these Terms, you agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

g. You acknowledge that the Company may establish general practices and limits concerning use of the Services including, without limitation, with respect to the maximum period of time that a particular phone number or other content will be retained by the Services and the maximum storage space that will be allotted on the Company’s servers on your behalf. Without limiting the generality of any other provision of these Terms, you acknowledge and agree that the Company: (i) has no responsibility or liability for the deletion or failure to store any of your Content (as defined in Section 3(j) below) and/or other content maintained or uploaded by the Services; (ii) reserves the right to limit, suspend, deactivate and/or terminate your Account if it becomes Inactive (as defined in Section 2(h) below); and (iii) reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice.

h. In these Terms, the term “Inactive” means: (1) your Account has been limited, suspended, deactivated and/or terminated by you or by the Company pursuant to the provisions of these Terms; (2) your Account has not been accessed through the use of your Login ID for at least twenty-four (24) consecutive calendar months; (3) all phone numbers provided to you by the Services pursuant to your Account have expired and/or been reassigned to other users; (4) all credits of any nature attributed to your Account have been fully applied to the provision of Services to you or have otherwise expired; and/or (5) with respect to any Subscription Plan (as defined in Section 2(j) below) payments to your Account, all such Subscription Plan payments have been fully applied to the provision of Services to you and no other, un-applied Subscription Plan amounts remain.

i. You must pay for all fees and charges for the Services pursuant to your Account by way of a Subscription Plan, by purchasing Paid Credits (as defined in Section 2(k) below), by Unpaid Credits (as defined in Section 2(l) below), by credit card (Visa, MasterCard or American Express), through an App Store (as defined in Section 2(j)(1) below) or by any other specific type of payment (such as PayPal, Google Pay, Apple Pay) that is acceptable to the Company from time to time. You must choose an acceptable payment method for your use of the Services as a condition to creating an Account. Subject to the terms of any applicable App Store, all fees and charges for the Services are non-refundable. Any applicable credit card or other payment provider agreement (including, without limitation, with respect to any applicable App Store) will govern your use of your chosen payment method and you must refer to that agreement to determine your related rights and liabilities. Without limiting the generality of the immediately preceding sentence, by providing the Company with your credit card number or other payment method and associated information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable for your use of the Services and that no other or additional notice or consent is required. Without limiting the generality of any other provision of these Terms but subject to the terms of any applicable App Store, you agree to immediately notify the Company of any change in the details of the payment method you have chosen to use with your Account. The Company reserves the right at any time and from time to time to change its prices and billing methods, whether immediately upon posting on the Website or by Email notice to you. You are responsible for the payment of all applicable taxes with respect to your use of the Services.

j. The following payment terms and conditions apply to any subscription-based plan provided by the Company to which you have signed up (each, a “Subscription Plan”): 

  1. if you choose to subscribe to one of the Company’s Subscription Plans, then, subject to applicable laws: (i) you agree to sign up for an auto-renewing Subscription Plan requiring recurring payments and to pay the then current applicable Subscription Plan fee listed in the App or the Website; (ii) you will be billed for your Subscription Plan either through your credit card or through your intermediary provider such as iTunes, Google Play or a similar app store (each, an “App Store”); (iii) the applicable fee(s) will be billed on a monthly, weekly or annual basis from the date you first subscribe to the Subscription Plan and automatically on each renewal date thereafter, unless and until you cancel your Subscription Plan; and (iv) all fees and charges are nonrefundable, and there are no refunds or credits for partially used periods;
  2. credit card payments are processed by Stripe, the Company’s third party payment processor and in App payments are processed pursuant to the terms of the applicable App Store;
  3. if your Subscription Plan is based on credit card billing, then the Company will automatically charge your credit card monthly, weekly or annually, based on your selection, for the cost of the Subscription Plan and any applicable taxes and if any fee is not paid in a timely manner or if the Company is unable to process your transaction using the credit card information provided by you, then the Company reserves the right to limit, suspend, deactivate and/or terminate access to your Subscription Plan and any applicable Services;
  4. subject to the policies of any applicable App Store, if your Subscription Plan balance is in arrears and you do not bring your Subscription Plan balance current within fourteen (14) calendar days after the Company provides you with notification that your balance is in arrears, then the Company reserves the right to limit, suspend, deactivate and/or terminate access to your Subscription Plan or, at the Company’s sole discretion, to convert your Subscription Plan to a non-subscription Account, if available; provided, that in any such instance, you will be responsible for paying all past due amounts;
  5. if your payment details change, then your credit card provider may provide the Company with updated credit card details which the Company may use to help prevent any interruption to the Services – if you would prefer to opt out from this service, either please notify the Company using the contact information in Section 24(b) below;
  6. if your Subscription Plan is based on intermediary provider billing, then your provider will automatically charge your App Store account monthly for the cost of the Subscription Plan and any applicable taxes; provided that (i) if you are not current with your Subscription Plan payments, then the Company reserves the right to limit, suspend, deactivate and/or terminate access to your Subscription Plan or, at its sole discretion, to convert your Subscription Plan to a non-subscription Account, if available and (ii) you will be responsible for paying all past due amounts;
  7. your Subscription Plan will continue unless and until (i) you cancel your Subscription Plan through the App or the Website, unless you purchased a Subscription Plan through an App Store, in which case you must follow the cancellation procedures for that App Store or (ii) the Company limits, suspends, deactivates and/or terminates your Subscription Plan pursuant to these Terms; you may cancel your Subscription Plan at any time before each monthly, weekly or annual renewal date to avoid billing of the next period’s Subscription Plan fee to your chosen payment method;
  8. if you choose to cancel your Subscription Plan, then you may use the Subscription Plan until the end of the current period but will not be issued a refund for the most recently (or any previously) charged monthly fees;
  9. the Company reserves the right to discontinue or modify any Subscription Plan fee payment option and/or may change the pricing for the Services by updating the Website or any other method to which you have agreed and by providing notice in accordance with applicable requirements, provided that any changes will not take effect until your Subscription Plan renews;
  10. if you are signing up under any promotional Subscription Plan fee, then some additional restrictions may apply, which restrictions, if any, will be provided to you before you sign up for the applicable Subscription Plan that is subject to the promotion;

k. For any payment credits that have been purchased by you (“Paid Credits”), subject to applicable laws, such Paid Credits will not expire; provided, however, if your Account becomes Inactive, then the Company may limit, suspend, deactivate and/or terminate your Account, in which case you must contact Customer Support (support@hushed.com) and provide the Email address associated with your deactivated Account in order to reactivate your Account and access any Paid Credits.

l. For payment credits that the Company has provided to you at no cost to you (“Unpaid Credits”), such Unpaid Credits will expire on the earlier of (1) the date that is six (6) calendar months after being deposited into your Account and (2) the date that your Account becomes Inactive.

m. You acknowledge that the Company reserves the right to charge for any portion of the Services and to change the amounts of the Company’s fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with these Terms, the terms set forth in the Services and/or on the Website. You are responsible for paying all charges related to your Account including, without limitation, all charges for your underlying Internet service, and for all taxes and surcharges imposed on you or the Company as a result of your use of the Services. Please note that the Company does not provide any refunds or exchanges. All prices listed on the App or the Website or provided through the Services are in U.S. dollars and all charges will be processed in U.S. dollars. All purchases are subject to applicable taxes and any prices listed on the Website or through the Services are in addition to any such applicable taxes and other charges noted above.

n. WHILE THE COMPANY AND ITS SERVICE PROVIDERS AIM TO ENSURE ITS ADVERTISING IS ACCURATE, ERRORS AND/OR INACCURACIES MAY OCCUR. THE COMPANY MAY CORRECT ERRORS OR INACCURACIES AND CHANGE OR UPDATE INFORMATION ON THE THROUGH THE SERVICES AT ANY TIME WITHOUT NOTICE, INCLUDING IN RESPECT OF PRICES. The Company has the absolute discretion to fix pricing errors, which may include the cancelation of your order. The Company reserves the right to: (1) reject, correct, cancel or refuse orders; and (2) determine accounts in its discretion including, without limitation, if Company believes that your conduct contravenes applicable law, these Terms, or is harmful to the interests of the Company or its representatives, agents, contractors, suppliers or licensees.

o. THE SERVICES CANNOT BE USED FOR 911 OR EMERGENCY CALLING. YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS USING A LANDLINE, MOBILE OR CELL PHONE AND CANNOT RELY ON THE SERVICES FOR 911 CALLING CAPABILITY.

THE COMPANY DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICES. DO NOT USE THE SERVICES TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR A TRADITIONAL PHONE AND THAT YOU WILL AT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.

Without limiting the generality of any other provision of these Terms, you agree that the Company and its affiliates and licensors, and each of the Company’s and such affiliates’ and licensors’ respective business partners, shareholders, directors, officers, employees, representatives, agents successors and assigns (each, a “Company Party”) may not be held liable for any claim, damage, or loss (including, without limitation, any attorneys’ fees) by, or on behalf of, you or any other person arising from any attempt to dial 911 or make an emergency call using the Services. You hereby waive all claims and causes of action against the Company and/or any Company Party arising from or relating to any attempt to dial 911 or make an emergency call using the Services.

3. Certain Conditions to Using the Services

a. You are solely responsible for all communications of whatever type that you hold and any content of any kind that you transmit via the Services. You will take the utmost care to ensure that your communications with third parties through the Services remain friendly, courteous, respectful of others and is compliant with these Terms and all applicable laws. Examples of the kind of content and/or use that is illegal or prohibited by the Company are set out below in this Section 3(a) (collectively, “Prohibited Uses”). Such examples of Prohibited Uses are provided by way of example only and shall not be considered exhaustive as to all prohibited uses. The Company reserves the right to investigate and take appropriate legal action against you and/or any other person who, in the Company’s sole discretion, violates this Section 3(a) or any other provision(s) of these Terms including, without limitation, removing offending content from the Services, limiting, suspending, deactivating and/or terminating the account of such violators and reporting them to law enforcement authorities. You acknowledge and agree that if your Account is limited, suspended, deactivated and/or terminated due to any such violations or if the Company bans you from accessing or using the Services, then you are strictly prohibited from re-registering, signing up for, accessing and/or using the Services in any capacity thereafter. You agree to not take any of the following actions including, without limitation, by using the Services or any other services that are made available through the Services:

1. transmitting any content that: (i) infringes any intellectual property or other proprietary rights of any person; (ii) you do not have a right to hold or transmit under law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) contains software viruses or any other computer code, files and/or programs designed to interrupt, destroy and/or limit the functionality of any computer software or hardware or telecommunications equipment; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes” and/or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, indecent, libelous, invasive of another’s privacy, hateful on the basis of race, national origin, religion, gender, sexual orientation, disability, medical condition, marital status, age or gender identity and/or otherwise objectionable; and/or (vii) in the Company’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type;

2. interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services;

3. accessing or searching the Services by any means other than the supported interfaces made available to you;

4. exploiting the Services in any unauthorized way whatsoever including but not limited to, trespassing or burdening network capacity;

5. engaging in unusually high usage of the Services from individual accounts or employing any automated programs such as bots or clones (non person-to-person communications) that may impair the Company’s ability to provide the Services to other customers and/or that may indicate misuse of the Services and/or using the Services for data-mining, scraping, other data gathering or extraction, call-in lines, call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;

6. violating any applicable local, municipal, state, provincial, national, federal or international law, or any regulations having the force of law;

7. impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

8. soliciting personal information from any person under the age of 18;

9. harvesting or collecting Email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited Emails and/or other unsolicited communications;

10. creating a false Caller ID identity header, or otherwise attempting to mislead other persons as to the identity of the sender or the origin of any communication made using the Services;

11. using the Services to violate any third party rights or any third party’s terms and conditions of service;

12. furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; 

13. coping (except as expressly permitted by these Terms or applicable law), decompiling, reverse engineering, disassembling, reverse assembling, attempting to derive the source code of, modifying or creating derivative works of the Services and/or any part thereof; or

14. attempting to do any of the foregoing in this Section 3(a)

b. You further understand and agree that: (i) you shall be solely liable for any calls and/or content sent or received through the Services (including, but not limited to, misdirected calls and wrong phone number calls); (ii) the Company has no control over calls received by you or the content of any transmissions sent or received by you; and (iii) you are solely responsible for all acts or omissions that occur under your Login ID and your Account including, without limitation, the content of your calls and any data that you transmit through the Services.

c. You hereby agree that you will notify the Company immediately upon becoming aware of the commission by any person of any Prohibited Uses of the Services by using the contact information listed in Section 24(b) below and that you will provide the Company with reasonable assistance in any investigations conducted by the Company in light of the information that you provide.

d. You acknowledge and understand that the Company has no obligation to monitor your access to or use of the Services, or to review or edit any content that you provide or receive through the Services, but that the Company has the right to do so: (1) to operate and improve the Services (including, without limitation, for fraud prevention, risk assessment, enforcing the Reasonable Use Policy (as defined in Section 3(g) below), investigation and customer support purposes): (2) to ensure your compliance with these Terms; (3) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; and (4) to respond to content that the Company determines is objectionable or as set forth in these Terms. The Company expressly reserves the right, at any time and without prior notice, to remove or disable access to any content that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. To protect the integrity of the Services, the Company reserves the right at any time in the Company’s sole discretion to: (i) block users using any technologically available measures available in the Company’s sole discretion from accessing and using the Services; and/or (ii) enact policies, procedures and/or automated systems to monitor and prevent prohibited uses of the Services including, without limitation, to limiting, suspending, deactivating and/or terminating accounts, users, Devices and/or IP addresses that the Company believes are committing any Prohibited Uses and/or are attempting to bypass the security systems and fraud detection prevention put in place by the Company in the Services.

e. You acknowledge and agree that the Company may preserve content and may also disclose conversations, texts and/or other content (including, without limitation, call logs and phone number records) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws and/or government requests; provided, however, that the Company may, at its sole discretion, if not prohibited by applicable laws and/or legal process and in the appropriate circumstances, make a reasonable effort to notify affected users of any such disclosure. Notwithstanding the immediately preceding sentence, the Company shall not be required to make any such notification. The Company may also preserve content to: (1) enforce these Terms; (2) respond to claims that content violates the rights of third parties; and/or (3) protect the rights, property and/or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Services including, without limitation, your conversations, texts and/or other content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or Devices.

f. You represent, warrant and covenant to the Company that: (1) your use of the Services is and will always be lawful, does not and will not violate any local, municipal, state, provincial, national, federal, international or other laws and does not and will not violate the rights of any third party; and (2) you will only install and use the Services to record, monitor and publish communications where such recording and monitoring is authorized by applicable law, except that the recording of voicemail messages is permissible.

g. Unusually high usage of the Services attributable to individual accounts may impair the Company’s ability to provide the Services to other customers and/or indicate misuse of the Services. Accordingly, in these Terms, reasonable use means that your use of the Services: (1) does not materially impair the Company’s ability to provide the Services to other users; and (2) is not used for any Prohibited Uses. Except where prohibited by law, if you violate the provisions of this Section 3(g) (the “Reasonable Use Policy”), then the Company may modify, limit, suspend, deactivate, terminate and/or take any other action regarding your Services to prevent continued violation of this Reasonable Use Policy.

h. YOU UNDERSTAND AND AGREE THAT THE SERVICES ISSUES TEMPORARY PHONE NUMBERS FOR LIMITED TIME USE ONLY. AS SUCH, YOU ALSO UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY PHONE NUMBER OR ANY OTHER PHONE NUMBER ASSIGNED TO YOU BY THE SERVICES. Certain phone numbers may not be available for assignment but may be issued to you in error. Upon any limitation, suspension, deactivation and/or termination of your Account, whether permanent or temporary, all phone numbers assigned to your Account may be immediately reassigned to other customers of the Company and, in any such circumstance, the Company shall not be required to provide any such reassigned phone number(s) back to you. All assigned phone numbers are provided “as is” and, without limiting the generality of any other provisions of these Terms, the Company makes no warranty, representation or guarantee that any assigned phone number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that the Company may from time to time, at its sole discretion, change any phone number assigned to you. Without limiting the generality of any other provision of these Terms, the Company will not be liable for any damages (including, without limitation, consequential or special damages) arising out of any reassignment or change of any phone number.

i. The Company cannot guarantee that any specifically requested phone numbers or area codes will be available or remain available. Without limiting the generality of any other provision of these Terms, the Company will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment and/or reassignment of a specific phone number including, without limitation, with respect to any business cards, stationery, event bookings, press releases, Content and/or any other post or advertisement under any conditions, or for any other alleged damages including, without limitation, consequential or special damages arising from any alleged failure to provide you with a specific phone number or if your assigned phone number becomes unavailable or is reassigned for any reason at any time.

j. In the ordinary course of operations, the Company collects, stores on its servers (including third party servers operated on the Company’s behalf) and may monitor the messages, information, data, text, images, photographs, videos, graphics and other materials that you transmit, submit or otherwise communicate to or through the Services including, without limitation, text message communications and content sent to third parties through the Services (all such forms of information, your “Content”). You hereby authorize the Company to store your Content on the Services. You understand and accept that while the Company has the right to store your Content and may monitor, screen, refuse and/or remove your Content for fraud and abuse and violation of these Terms or applicable law, the Company is under no obligation to do so and you are solely responsible for your Content and the transmission and back-up of your Content. You understand, agree and consent that even if you delete your Content in the Services, your Content may be retained by the Company in the Company’s or its third party service provider’s respective servers and could be produced by the Company or such third parties if required by law and disclosed and used by the Company or such third parties as reasonably necessary to comply with legal processes, to enforce the Company’s rights pursuant to these Terms, to respond to third party claims that your Content violates these Terms or the rights of third parties, to provide customer service to you, and/or to protect the safety of other users and the public. Additionally, the Company reserves the right to delete your Content as described in Section 10 below and to establish or change storage limits pertaining to your Content and how long such content can be stored at the Company’s sole discretion at any time and from time to time. FOR CLARITY, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THE COMPANY IS NOT OBLIGATED TO BACK-UP ANY OF YOUR CONTENT AND YOU AGREE THAT ANY OF YOUR CONTENT MAY BE DELETED AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UP COPIES OF YOUR CONTENT AT YOUR COST, EXPENSE AND DISCRETION.

k. Unless otherwise expressly authorized in these Terms or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer and/or upload for any commercial purposes, any portion of the Services, use of the Services and/or access to the Services. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY.

4. Intellectual Property Rights

a. Subject to the provisions of these Terms, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license to access and use the Services solely for your personal, private and non-commercial use while your Account is in good standing and has not been otherwise terminated pursuant to these Terms. To access and use the Services, you may be required to download and install the Company’s applicable mobile or desktop application(s) (including, without limitation, the App) and/or the Software. Subject to the provisions of these Terms, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license to download, install and use the Software while your Account is in good standing and has not been otherwise terminated pursuant to these Terms. You may not use the Services and/or Software on any Device that you do not own or control, and you may not distribute or make the Services and/or Software available over a network where it could be used by multiple Devices at the same time.

b. As between you and the Company, the Services, the technology and software underlying the Services and/or distributed in connection with the Services (including, without limitation, any releases, updates or enhancements of or to the Services) and associated documentation (collectively, the “Software”), and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of the Company, its affiliates, partners and/or licensors (as applicable). Nothing in these Terms shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Services and Software expressly set forth in these Terms Any rights not expressly granted in these Terms are expressly reserved by the Company.

c. You acknowledge and agree that the Services may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (collectively, “Service Content”). Except as expressly authorized by the Company in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute and/or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your Content that you legally transmit via the Services. Any use of the Services, the Software or the Service Content other than as specifically authorized in these Terms is strictly prohibited.

d. The “Hushed” name and logo are trademarks of the Company (collectively, together with any future trademarks of the Company related to the Services, the “Trademarks”). Other product and/or service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Trademarks displayed on the Services without the Company’s prior written permission in each instance. All goodwill generated from any use of the Trademarks will inure to the Company’s exclusive benefit.

e. You will not record, upload or transmit any content that you did not create or that you do not own all right, title and interest in and to, or that you do not have permission to record, upload or otherwise share including, without limitation, all copyright and rights of publicity contained therein. By using the Services or holding any conversation via the Services or otherwise providing, transmitting or recording any Content, you hereby grant and will grant the Company and its affiliates a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content, such rights to be used solely in connection with and for the purposes of operating the Services. The above shall not limit your right to use the Services to leave or allow other persons to leave voicemail messages.

f. Without limiting the generality of any other provisions of these Terms, under no circumstances will the Company be liable in any way for any content transmitted by third parties or at the direction of other users including, without limitation, for any errors or omissions in any recordings or content, or for any loss or damage of any kind incurred as a result of the use of any conversations or content held or transmitted via the Services. While using the Services, you may encounter content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Services at your sole risk and the Company shall not have any liability to you for any content that may be found to be offensive, indecent or objectionable. You acknowledge and agree that the Company is not in any way responsible for any use by you of the Services including, without limitation, any use in violation of the Prohibited Uses and/or any other provision(s) of Section 3 above, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services. You acknowledge that the Company does not pre-screen any phone numbers, conversations, texts or content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any recordings or content available via the Services. Without limiting the foregoing, the Company and its designees will have the right to remove and/or reassign any phone numbers or content that violate these Terms or that are deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any conversations, texts or other content, including any reliance on the accuracy, completeness, or usefulness of such conversations, texts or content.

g. The Services may allow you to implement, access or acquire products, services, websites, links, content, material, games or applications from third parties (i.e. companies or people other than the Company) including, without limitation, the App Stores (collectively, “Third Party Apps and Services“). Many of the Services also help you find Third Party Apps and Services, and you understand that you are directing the Services to provide Third Party Apps and Services to you. Certain Third Party Apps and Services may also allow you to store your Content with the publisher, provider or operator of such Third Party Apps and Services. Certain Third Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use such Third Party App or Services. You should review any additional terms and privacy policies before acquiring or using any Third Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. The Company does not license any intellectual property to you as part of any Third Party Apps and Services and is not responsible for information provided by third parties.

h. You acknowledge and agree that any questions, comments, suggestions, ideas, recommendations, requests, feedback or other information about the Services provided by you to the Company (collectively, “Feedback”) are non-confidential and the Company is and will be entitled to the unrestricted use and dissemination of all Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to the Company.

i. Materials may be made available via the Services by third parties not within the Company’s control. The Company is under no obligation to, and does not, review content transmitted, sent or received using the Services for purposes of determining copyright infringement. However, the Company reserves the right to limit, suspend, deactivate and/or terminate access to the Services if you or any user infringes on the copyright(s) of any other person, and the Company will, in appropriate circumstances, limit, suspend, deactivate and/or terminate your or any other user’s access to the Services if the Company determines in its sole discretion that a user is a repeat infringer. To notify the Company of a copyright claim, please see Section 13 below.

5. Third Party Websites

a. The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and is not responsible for and does not endorse any such sites and resources. Without limiting the generality of any other provision of these Terms, you acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and such third party and, without limiting the generality of any other provision of these Terms, you agree that the Company is not liable for any loss or claim that you may have against any such third party. 

b. The Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any social networking services. As such, without limiting the generality of any other provision of these Terms, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. General Indemnity and Release

To the fullest degree permitted by applicable law, you hereby agree to release, indemnify, defend and hold the Company and each of the Company Parties harmless from and against any and all losses, liabilities, judgments, penalties, fines, damages, expenses (including reasonable attorneys’ fees), rights, claims, injuries (including death) and actions of any kind arising out of or relating to your use of the Services and/or your Content, your connection to the Services, your violation of these Terms (including, without limitation, your violation of any of the Prohibited Uses), your violation of any law, and your violation of any rights of any other person. If you are a California resident, then you hereby waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If you are a resident of another jurisdiction, then you waive any comparable statute or doctrine applicable in or with respect to that jurisdiction.

7. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE QUALITY OF ANY CALLS, TEXTS, CONVERSATIONS, PRODUCTS, SERVICES, INFORMATION AND/OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ANY OF ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. IF THE SERVICES CAUSE ANY DEFECTS, THEN YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY AND/OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT. THE COMPANY HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIALS WHATSOEVER THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR CONTENT) USING THE SERVICES MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. THE COMPANY IS NOT, AND SHALL NOT, BE RESPONSIBLE OR LIABLE FOR ANY: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR OR PRINTING ERROR; (C) INTERRUPTION, DELETION, OMISSION, DEFECT AND/OR LINE FAILURE OF ANY PHONE NETWORK OR ELECTRONIC TRANSMISSION; (D) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS YOUR CONTENT OR THE SERVICES; OR (E) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.

IN NO EVENT SHALL THE COMPANY’S APP PROVIDERS BE LIABLE FOR THE SALE, DISTRIBUTION OR YOUR USE OF THE APP OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APP. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE APP PROVIDERS SHALL BE THIRD PARTY BENEFICIARIES TO THIS SECTION 7. YOU FURTHER ACKNOWLEDGE AND AGREE TO DISCHARGE, WAIVE AND RELEASE THE APP PROVIDERS FROM ANY CLAIMS, LIABILITIES AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH PARTIES AND THEIR PRODUCTS AND SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND IN RELATION TO THE APP PROVIDERS AND THEIR PRODUCTS AND SERVICES.

8. Limitation of Liability

a. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY COMPANY PARTY BE LIABLE FOR PERSONAL INJURY OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, DAMAGE TO YOUR DEVICE, SYSTEM FAILURE OR OTHER INTANGIBLE LOSSES, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE YOUR CONTENT AND/OR THE SERVICES OR YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR CONTENT AND ANY THIRD PARTY CONTENT, AVAILABLE ON OR THROUGH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

b. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty Canadian dollars (CAD$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

c. You may not use or otherwise export or re-export the App except as authorized by applicable law and the laws of the jurisdiction in which the App was obtained including, without limitation, Canadian and United States laws. In particular, but without limitation, neither the App nor the Software may be exported or re-exported (1) into any U.S. embargoed countries or (2) to any person on the U.S. Treasury Department’s list of Specially Designated Nationals And Blocked Persons List or the U.S. Department of Commerce Denied Person’s List or Unverified List. By using the App you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by applicable laws, including the laws of Canada and the United States.

d. THE FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL AND FORM THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

e. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET OUT IN THIS SECTION 8 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

9. Availability, Errors and Inaccuracies

a. THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO WITHDRAW, SUSPEND, REMOVE OR AMEND THE SERVICES AND ANY SERVICE OR MATERIAL IT PROVIDES IN CONNECTION WITH THE SERVICES WITHOUT NOTICE. THE COMPANY WILL NOT BE LIABLE IF, FOR ANY REASON, ALL OR PART OF THE SERVICES AND/ OR YOUR CONTENT ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME. THE COMPANY MAY ALSO IMPOSE LIMITS ON THE USE OF OR ACCESS TO THE SERVICES, IN ANY CASE AND WITHOUT NOTICE OR LIABILITY.

b. The Company is constantly updating product and service offerings and may experience delays in updating information on the App and in the Company’s advertising on other websites. THE INFORMATION FOUND IN SUCH PLACES MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SERVICES MAY BE MISPRICED, DESCRIBED INACCURATELY, OR UNAVAILABLE AND THE COMPANY CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION.

c. Due to the nature of the Internet, the Company does not guarantee continuous and uninterrupted availability and accessibility of the Services. The Company may also restrict the availability of the Services if it deems it to be necessary for any reason, in its sole discretion, including for the security of its servers, or to carry out maintenance of the Services. The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions or to improve, enhance and modify the Services and introduce new services from time to time, at any time, without prior notice or liability.

d. Unless otherwise stated, the Company makes no representation that the Services are available for use in any particular location.

10. Termination

a. You may terminate your Account and your access to and use of the Services by deleting or otherwise closing your Account. ANY SUCH TERMINATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT TERM OF ANY AND ALL OF THE SUBSCRIPTION PLANS AS SET FORTH IN SECTION 2(j) ABOVE, WHICH WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PLAN PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION PLAN IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 2(j) ABOVE. Upon any such termination, you shall cease all use of the Services and delete all copies, full or partial, of the App, Software and Service Content.

b. The Company may, at its sole discretion, limit, suspend, deactivate and/or terminate your Account and your access to and use of the Services, without notice, for any reason or no reason, in whole or in part. Without limiting other remedies or the scope of the immediately foregoing sentence, the Company may, at its sole discretion, limit, suspend, deactivate and/or terminate your Account and your access to and use of the Services, in whole or part, and/or prohibit access to the Services or delete your Account, with immediate effect: (1) if you: (i) are in breach (or are threatening to be in breach) of these Terms; (ii) have acted inconsistently with the letter and/or spirit of these Terms; (iii) have created or are threatening to create created legal liabilities (actual or potential) to the Company or any third party; (iv) are infringing the Company’s or any third party’s intellectual property rights; (v) are engaging in fraudulent, immoral or illegal activities; or (vi) for other similar reasons; (2) if your Account becomes Inactive; (3) for any reason which may damage the Company’s business including, without limitation, your use of software from third parties to send messages using the Services, any excessive use of the Services (as determined in the Company’s sole discretion); or (4) if the Company is required to do so by applicable law (e.g. where the provision of the Services to you is, or becomes, unlawful). Without limiting the generality of any other provisions of these Terms, you agree that the Company will not be liable to you or to any third party for any limitation, suspension, deactivation and/or termination of your access to the Services and/or your Content. The Company also reserves the right at any time in its sole discretion to block users from accessing and using the Services to protect the integrity of the Services. The Company may effect such limitation, suspension, deactivation and/or termination by providing notice to you to the Email address you provided in opening your Account and/or by preventing your access to your Account and the Services. 

c. ANY SUSPECTED FRAUDULENT, ABUSIVE OR ILLEGAL ACTIVITY THAT MAY BE GROUNDS FOR LIMITATION, SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR USE OF SERVICES, MAY ALSO BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.

d. Upon any deactivation and/or termination of your Account and of your access to the Services: (1) all licenses and rights to use the Services shall immediately terminate; (2) you will immediately cease any and all use of the App and the other Services; and (3) you will immediately remove and delete the App from your Devices. Upon any deactivation and/or termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate, and the Company may delete your Content associated therewith from the Company’s systems and the Company may at its sole discretion reassign any phone number(s) that were previously associated with your Account. The Company will not have any liability whatsoever to you for any limitation, suspension, deactivation and/or termination, including for any deletion of your Content and/or reassignment of any phone number(s).

e. You agree that if your Account and your access to the Services are limited, suspended, deactivated and/or terminated for cause by the Company or if your Account or ability to access the Services are discontinued by the Company due to your violation of any provision of these Terms or for conduct otherwise deemed inappropriate, then you shall not attempt to re-register with or access the App or Services through use of a different member name, different Device or otherwise.

11. Certain Privacy Matters 

a. If you, for any reason, collect, store or process personal information of any individual when using the Services, then you must comply with all applicable privacy and data protection laws, taking into account the nature of the information that you so collect, store or process. You agree and warrant to the Company that you are solely responsible when using the Services for complying with applicable data protection, security and privacy laws and regulations (including, if applicable, the European Union’s General Data Protection Regulation (the “GDPR”) and the European Union’s e-Privacy Directive/Regulation), including any consent and notice requirements relating thereto.

b. You acknowledge and agree that if you reside in, or any entity or organization on behalf of which you act is established in or does business in, any of the European Union, the European Economic Area or Switzerland, then the Services provide you with a platform only and, in relation to your use of the Services and any related collection, use or disclosure of information by you, you, and not the Company, are a data Controller (as such term is defined in the GDPR) and you are solely responsible to comply with any and all obligations related thereto. This includes, without limitation, the collection and processing by you of any personal data when you use the Services and/or any services provided by third parties in conjunction with your use of the Services to collect personal data from other persons, to send marketing and other electronic communications to individuals and when using cookies and similar technologies in conjunction with the Services.

c. Without limiting the generality of any other provision of these Terms, you hereby represent and warrant to the Company that: (i) you are solely responsible for any and all compliance with the GDPR and all applicable privacy laws in respect of your use of the Services; (ii) you, and not the Company, are a Controller (as such term is defined in the GDPR) for all information that you collect and use; and (iii) you have conducted, and will at all times conduct, your use of the Services in compliance with all applicable privacy laws including, as may be applicable, the GDPR.

d. Without limiting the generality of any other provision of these Terms, you agree that you shall defend, indemnify and hold harmless the Company and each of the Company Parties from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including all reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this Section 11 including, without limitation, any failure to comply with the GDPR or other applicable privacy laws; and (ii) any claim against the Company or any Company Party by any third party to the extent caused by, relating to or arising in connection with any act or omission of or by you or a person related to you in the performance of this Section 11 and/or compliance with the GDPR or other applicable privacy laws.

12. International Transfer of Information

The Services may be offered outside Canada and the United States. If so, any information collected by the Company from you may be transferred to Canada, the United States and/or any other country where such information will be processed and stored by the Company and/or its agents or contractors. The Company’s privacy practices are guided by Canadian data privacy laws. Such Canadian data protection laws or those of other countries in which such information may be transferred may not be as comprehensive or equivalent to those in your country of residence. By using the Services, you consent to the collection, international transfer, storage and processing of your information as set forth in these Terms and in the Privacy Policy.

13. United States Digital Millennium Copyright Act Notices

The Company respects the intellectual property rights of other persons and requires those that use the Services do the same. The Company may, in appropriate circumstances and at the Company’s sole discretion, remove or disable access to material on the Services that infringes upon the copyright rights of other persons. The Company also may, at its discretion, remove or disable links or references to any online location that contains infringing material or infringing activity. If any person using the Services infringes on other persons’ copyright, then the Company may in its sole discretion limit, suspend, deactivate and/or terminate such person’s rights to use the Services.

If you believe that your work has been used on the Services in any manner that constitutes copyright infringement, please notify the Company’s copyright agent by written notice. The notice should include the following information:

To make claims of copyright infringement through the use of the Services, please send your notice to the Company at: 

By mail: 45 O’Connor Street, Suite 1420, Ontario, K1P 1A4, Canada
By Email:  legal@affinityclick.com

14. Proprietary Rights

The App and Software are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, all such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

15. User Disputes

You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Services and the Company will have no liability or responsibility with respect thereto. Without limiting the generality of any other provision of these Terms, the Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

16. App Merchants

a. You acknowledge and agree that the availability of the App is dependent on the third party from whom you downloaded or received the App (the “App Merchant”). You acknowledge that these Terms bind you and the Company and do not bind the App Merchant. The Company, not the App Merchant, is solely responsible for the App and the Services, the content thereof, maintenance, support services and any warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Merchant in connection with your download of the App (if any). You agree to comply with, and your license to use the App and the Services are conditioned upon your compliance with, all applicable third party terms of agreement when using the App. You acknowledge that to the maximum extent permissible by law, the App Merchant (and its affiliates) are third party beneficiaries to these Terms and will have the right to enforce these Terms.

b. If you download the App from Apple’s App Store or use the App to run on Apple’s operating system (“iOS”), such as with any iPhone, iPod, iPad or other related device using such iOS, then the following terms will also apply and you acknowledge and agree to the following terms: 

  1. the Company and you acknowledge that these Terms are between you and the Company only, and not with Apple;
  2. the Company, not Apple, is solely responsible for the Services and the App and the content thereof;
  3. if the other provisions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 16, the more restrictive or conflicting terms and conditions in this Section 16 will apply, but solely with respect to the use of the Services and the App when used on iOS;
  4. the license granted to you for the App is limited to a non-transferable license to use the App on any iOS Device that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store terms of service;
  5. you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  6. in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility pursuant to the provisions of these Terms;
  7. you and the Company acknowledge that, as between the Company and Apple, the Company, not Apple, is responsible for addressing any claims you or any third party may have relating to the Company and the App or your possession and/or use of the App, including, without limitation, any: (i) product liability claims; (ii) claim that the App fails to conform to any applicable legal or regulatory requirement; and/or (iii) claims arising under consumer protection or similar legislation;
  8. these Terms do not limit the Company’s liability to you beyond what is permitted by applicable law;
  9. you and the Company acknowledge that, in the event of any third party claim that the Services or the App or your possession and use of that App infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
  10. you and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; and
  11. without limiting any other provisions of these Terms, you must comply with all applicable third-party terms of agreement when using the App.

17. No Waiver

The failure by you or the Company to require performance of any provision of these Terms shall not affect your or the Company’s respective right to require performance of that or any other provision of these Terms at any time thereafter, nor shall a waiver of any breach or default of these Terms or of any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of these Terms or of any provision of these Terms.

18. Severability

Any provision of these Terms which is finally determined by a court of competent jurisdiction with no further right of appeal to be illegal, invalid, prohibited and/or unenforceable shall, as within the jurisdiction of that court only, be ineffective to the extent of such illegality, invalidity, prohibition and/or unenforceability and shall be severed from the balance of these Terms for the purposes of that jurisdiction only, all without affecting the remaining provisions of these Terms or affecting the legality, validity and/or enforceability of such severed provision in any other jurisdiction. You and the Company hereby agree to reformulate any such illegal, invalid, prohibited and/or unenforceable provision in good faith to preserve the original intentions and objectives of these Terms and to remove such illegality, invalidity, prohibition and/or unenforceability to the extent possible for the purposes of each jurisdiction where such provision was found to be illegal, invalid, prohibited and/or unenforceable without materially reducing the value of these Terms to you or the Company.

19. Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without the Company’s written consent, which consent may be conditioned, delayed and/or withheld at the Company’s sole discretion. The Company may, without restriction, assign, transfer or delegate these Terms and any rights and obligations hereunder at its sole discretion.

20. Force Majeure 

Without limiting the generality of any other provision of these Terms, the Company will not be liable for any loss, damage, delay, breach of failure in performing the Services or any of the Company’s obligations pursuant to these Terms resulting from any Force Majeure Event (as defined in the following sentence). In these Terms, “Force Majeure Event” means any event or combination of events that is beyond the Company’s reasonable control and that frustrates the purpose of and/or the Company’s ability to perform the Services and/or its obligations pursuant to these Terms and includes, without limitation, any: (a) acts of God; (b) flood, fire, earthquake and/or explosion; (c) war, invasion, hostilities (whether or not war is declared), terrorist threats or acts, riot or other civil unrest; (d) order or law of or any action by any governmental authority; (e) actions, embargoes or blockades; (f) national or regional emergency; (g) strike, labour stoppage or slowdown or other industrial disturbance; (h) epidemic, pandemic or similar occurrence; (i) emergency state; (j) shortage of adequate medical supplies and/or equipment; and/or (k) shortage of power or transportation facilities, fuel, energy, labour or materials.

21. Miscellaneous

These Terms constitute the entire agreement between you and the Company as they relate to the access to, and use of, the Services and the subject matter of these Terms. These Terms supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral, between the Company and you relating to the matters set forth herein including, without limitation, any prior version of these Terms. You and the Company agree that these Terms and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. You may also be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. 

22. Governing Law

The rights, duties and obligations of you and the Company and the validity, interpretation, performance and legal effect of these Terms shall be governed and determined by the laws of the Province of Ontario, Canada without giving effect to the choice of law provisions thereof. You and the Company hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Ottawa, Ontario, Canada in any action, application or other proceeding arising with respect to, in any manner, these Terms; provided, however, that notwithstanding anything contained in these Terms, the Company may seek injunctive or other equitable relief whenever the facts or circumstances would permit the Company to seek such equitable relief in any court of competent jurisdiction. You expressly agree that, if there is a dispute under these Terms and such dispute is to be resolved in a court of law, then such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury. Your use of the Services may also be subject to other local, state, national or international laws. You agree that regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

24. Contact Information

a. Unless specified otherwise, any notices or communications required or permitted to be provided to you under these Terms will be in writing and sent via Email to the Email address you provided to the Company upon opening your Account and/or on through the App. By providing the Company with your Email address, you agree to receive all required or permitted notices electronically, to that Email address or by mobile notifications via the App and/or the Services. It is your responsibility to update or change that Email address, as appropriate. IF THE EMAIL ADDRESS YOU PROVIDED TO THE COMPANY IS NOT VALID, OR FOR ANY REASON IS NOT CAPABLE OF DELIVERING TO YOU ANY NOTICES REQUIRED OR PERMITTED BY THESE TERMS (INCLUDING, WITHOUT LIMITATION, SENDING AN EMAIL BY THE COMPANY TO ANY SUCH EMAIL ADDRESS RESULTS IN A ANY “BOUNCE BACK”), THEN SENDING AN EMAIL TO SUCH ADDRESS BY THE COMPANY WITH RESPECT TO SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE TO YOU.

b. You may give notice to the Company at the contact address below. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at such address. If you have any questions about these Terms, then please contact the Company at: 

By courier or mail: 45 O’Connor Street, Suite 1420, Ontario, K1P 1A4, Canada
By Email:  support@hushed.com.