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Terms of Use

Last Updated: 2/23/2025

These Terms of Use ("Terms") govern your access to and use of the Hustlr mobile application (the "App") provided by Kingsmen Services and Consulting ("we," "us," or "our"). These Terms constitute a legally binding agreement between you and Kingsmen Services and Consulting. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the App.

1. Eligibility and Account

1.1 Eligibility: You must be at least 18 years old to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the App on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.2 Account Creation: To access the App, you are required to create an account and complete a questionnaire. You agree to provide accurate, current, and complete information during the registration process and questionnaire, and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials (including any username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

2. License Grant and Restrictions

2.1 License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Appsolely for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by us, in the manner permitted by these Terms.

2.2 Restrictions: You agree not to, and will not assist, encourage, or enable others to:

3. Intellectual Property Rights

The App and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kingsmen Services and Consulting, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in or to the App or any content on the App, except for the limited license expressly granted in Section 2.1.

4. User Content

[CRITICAL SECTION IF YOU COLLECT USER-GENERATED CONTENT (like call recordings or feedback): If Hustlr allows users to submit anycontent (even just the simulated call recordings), you must have a section addressing User Content. Here's an example. Adjust as needed.]

4.1 User Content Generally: The app may allow you to create, upload, store and/or transmit content, including but not limited to, audio recordings of practice calls, and responses to questionnaire prompts ("User Content").

4.2 Responsibility for User Content: You are solely responsible for any User Content that you submit, and you acknowledge that once submitted, we cannot always delete it.

4.3 License to User Content: By submitting User Content via the App, you grant Kingsmen Services and Consulting a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving the App, and as otherwise permitted by our Privacy Policy. You represent and warrant that you have all necessary rights to grant us this license for any User Content that you provide.

4.4 Prohibited User Content: You agree not to submit any User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) infringes any intellectual property rights of any party; (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

5. In-App Purchases

The App may offer in-app purchases. If you choose to make an in-app purchase, you will be billed by [Apple's App Store / Google Play Store], not by us directly. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

6. Termination

We may, in our sole discretion, suspend or terminate your access to the App, without notice or liability, for any reason or no reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE APP WILL MEET YOUR REQUIREMENTS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kingsmen Services and Consulting, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Kingsmen Services and Consulting HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. [Include if your app involves physical activity or health advice - NOT APPLICABLE HERE, but good to know:TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). ] SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kingsmen Services and Consulting, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.

10. Governing Law and Dispute Resolution

10.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.

10.2 Dispute Resolution: Any dispute arising out of or relating to these Terms or the App shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Midland, Texas. The language of the arbitration shall be English.

11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time in our sole discretion. We will provide notice of any material changes by posting the updated Terms on this page and updating the "Last Updated" date. We may also, but are not required to, provide notice through the App or via email. What constitutes a "material change" will be determined at our sole discretion. Your continued use of the App after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the App.

12. Entire Agreement; Severability; Waiver

12.1 Entire Agreement: These Terms constitute the entire agreement between you and Kingsmen Services and Consulting concerning the App and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the App.

12.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Contact Us

If you have any questions about these Terms, please contact us at: support@hustlrapp.com

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