Terms of Service

V 1.3 - Valid as of 2-22-2017

A. Introduction

This Terms of Service ("TOS") is a contract between you and Fiscal Circles, Inc., D/B/A Hip Pocket ("Hip Pocket", "Company", "we", "us", "our") and applies to your use of Company's "Hip Money" service, including the Hip Money app (the "Hip Money App"), Hip Money website (the "Hip Money Website"), or other services related to the Hip Money product (collectively, the "Service(s)"). By using the Services, you acknowledge that you have read, agree with, and accept all of the terms and conditions in this TOS as well as our Privacy Policy ("Privacy Policy"), incorporated in this TOS by this reference. We may update these policies from time to time and it is your responsibility to check for updates. Notwithstanding that notice of modification is not required, you agree that posting of such modified information on the Hip Money Website or in the Hip Money App constitutes notice to you of such modification. Any modification will be effective immediately upon posting and your continued use of the Services will mean that you accept and agree to the TOS, as modified.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT HIP POCKET IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE SERVICE IS MERELY A TOOL TO ASSIST YOU IN YOUR FINANCIAL PLANNING AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT AND SPENDING DECISIONS.

B. Registration / Account

B.1 Account Eligibility

You must be a resident of the United States and the age of majority in your state of residence, or older to use the Services. You represent and warrant that you are of legal age to form a binding contract and that you have the authority to enter into, and the capacity to be bound by, these TOS.

Use of our Services requires you to become a registered user with us. In order to become a registered user (or “User”), we will ask you to complete a registration form, and also to select a username and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (including your name, email address and mobile phone number) and certain financial information (such as primary account and other account login information).

Certain of our Services are reserved for Users who have opened an account (“Account”) with one of our partner financial institutions (“Partner Bank”). This TOS does not modify your Bank Agreement which governs your use of your Account with the Partner Bank.  Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. To comply with these requirements, our partners require an identity check. When you open an Account, we or the Partner Bank will ask for your name, address, date of birth, and other information that will allow us to identify you or for interest reporting. We may also ask to see your driver’s license or other identifying documents.

You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or third-party bank accounts used to load or unload money, and verifying your information against third party databases or through other sources. Any information you provide to us will be held and used in accord with our Privacy Policy. Any of your information provided to one of our partners will be held and used in accord with its privacy policy.

B.2 Authorization to initiate ACH transactions

When you request a transfer from your existing funding source via the Service, you are requesting that we provide the requisite information to our Partner Bank in order for the Partner Bank to initiate transactions on your behalf. By accepting these terms and conditions you authorize the Partner Bank to initiate ACH credit and/or debit transactions between your funding source and your Hip Money Account with Partner Bank. These transactions will be initiated in the Hip Money App by you (“Manual Transfers”) or initiated in the Hip Money App based on “Rules” you have set up in the App. The frequency and amount of these ACH credit and/or debit transactions will be determined by your Manual Transfers or your Rules. The Partner Bank may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules (collectively, the "ACH Rules"), or applicable law. You may be subject to third party fees, such as insufficient fund fees, reversal, or ACH insufficient fund fees that a bank may charge if your payment is rejected.

You understand that this authorization will remain in full force and effect until you notify us and Partner Bank that you wish to revoke this authorization. You understand that Partner Bank and we require at least 3 business days’ prior notice in order to cancel this authorization.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS TOS, COMPANY IS SOLELY PROVIDING YOUR INFORMATION TO THE PARTNER BANK ON A PASS THROUGH BASIS. THE PARTNER BANK IS SOLELY AUTHORIZED TO INITIATE OR EXECUTE ACH TRANSACTIONS, PAYMENTS, AND TRANSFERS ON YOUR BEHALF. AT NO TIME WILL COMPANY CONTROL OR HOLD YOUR FUNDS.

IF YOU BELIEVE OR SUSPECT THAT A SERVICE ERROR OR UNAUTHORIZED TRANSFER HAS OCCURRED WITH RESPECT TO YOUR USE OF THE HIP MONEY APP, PLEASE CONTACT CUSTOMER SERVICE AT info@hip.money.

B.3 Funding Source Verification

The funding source verification process is in place to ensure your selected funding source is compatible with the Hip Money Service and Partner Bank and supports ACH transfers; to prevent your goals from being disclosed to unknown funding sources; and to verify external funding source account ownership.

One of two methods are used to verify your funding source: 1) To successfully verify a funding source, two small credit transactions will be sent for processing to the external funding source. The amounts of those credits will then be immediately debited out of the funding source. You will need to verify the external funding source by entering the deposit amounts in the required fields provided in the Hip Money App. You will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source or 2) the external funding source will be accessed by our data integration partner and ownership and ACH support will be verified.

B.4 Transfer History

You may view your transfer history by logging into your Hip Money App. You agree to review your transfer history through your online account instead of receiving periodic statements by mail. Paper account statements are available on request for an additional fee.

B.5 Interest

Your Account with our Partner Bank may earn interest, if it does, the following information applies:

  • Your funds earn a variable rate. Your interest rate and annual percentage yield ("APY") may change. At our Partner Bank's discretion, it may change the interest rate for your Account at any time without notice or limit. They may change as often as daily without notice to you. Interest rates and APYs are .60% APY as of 2-22-2017 but Partner Bank reserves the right to change balance ranges or apply the same interest rate to more than one range.
  • Our Partner Bank uses the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the daily collected balance in the account. Each day, the collected balance will fall within one of the balance ranges designated for the account. The Partner Bank may pay interest on the entire collected balance in the account that day at the rate assigned for that particular balance range.
  • Any interest is accrued daily and calculated on a 365/366 day basis.
  • Any interest for your Account is credited on a monthly basis.
  • If you close your Account mid-cycle, your accrued interest will be forfeited. If your account is at zero at the end of your statement cycle, your accrued interest will be forfeited for that cycle and your account will be closed.
  • Interest income will be reported via IRS Form 1099-INT.

C. Linked Account Information

C.1 Use of Linked Account Information

By submitting Login Credentials and any other information, data, passwords, usernames, PINs, other log-in information, materials and other content to Company through the Services, (“Linked Account Information”) to Company, you grant Company the right to use the Linked Account Information solely for the purpose of providing the Services. Company may use and store Linked Account Information, but only to provide the Services to you. By submitting Linked Account Information to Company, you represent that you are entitled to submit it to Company for use for this purpose, without any obligation by Company to pay any fees or other limitations.

By using the Services, you expressly authorize Company to access the third-party accounts for which you provide Linked Account Information ("Linked Accounts") on your behalf as your agent. When you use the "Add Accounts" feature of the Services, Company will submit the Linked Account Information that you provide to log you into your Linked Accounts.

You hereby authorize and permit Company to use and store your Linked Account Information to accomplish the foregoing and to configure the Service so that it is compatible with your Linked Accounts. For purposes of these Terms of Service and solely to access your Linked Accounts as part of the Service, you grant Company to the right to access your Linked Accounts and retrieve and use your information to do and perform each thing necessary in connection with such activities, as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY IS ACCESSING AND RETRIEVING INFORMATION FROM YOUR LINKED ACCOUNTS, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.

C.2 Protecting Your Account Information

You agree and understand that you are responsible for maintaining the confidentiality of your Linked Account Information that allows you to access the Services. You are responsible for protecting your Linked Account Information from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Linked Account Information have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Linked Account Information. You are responsible for keeping your Linked Account Information up to date through your account page, to the extent such feature is made available through the Services.

If you believe that any of your Linked Account Information or mobile device containing the Hip Money App has been lost or stolen, or if your account history shows transactions that you did not make, you must immediately contact Customer Service at info@hip.money to report the loss or theft.

E. Notifications

E.1 Notifications to You

E.1.1 Email and SMS Notifications

You agree that Company may provide notice to you by posting it on our Hip Money Website or by emailing it to the email address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our Hip Money Website or emailed to you unless we receive notice that the email was not delivered.

If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your account.

By providing us with your email address, you agree to receive all required notices electronically to that email address, and you further agree that electronic notices to the email address you provide to us shall have the same meaning and effect as if we provided you with paper notices. If you change your email address, it is your responsibility to update the address listed in your user profile and you agree to promptly notify us of any change in your email address by logging into the Hip Money App and updating your email address from the Settings menu. Notices will be provided in HTML in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available Internet browser.

E.1.2 Automatic Alerts and Emails

By providing Company with your telephone number (including your wireless/cellular telephone number), you consent to receiving Short Message Service (SMS) or other text or email messages from Company at that number.

Company may from time to time provide automatic alerts to you following certain changes made to your Company account, such as a change in your Registration Information, or to notify you about or confirm certain transactions.

Electronic alerts will be sent to your email address, mobile phone number or phone upon which the Hip Money App has been installed. You agree that you control and limit access to the email account and mobile device. If your email address or your mobile device changes, you are responsible for informing us of that change by updating your profile in the Hip Money App or by calling Customer Service at info@hip.money. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your account number. However, alerts may include some information about your accounts. Anyone with access to your email or mobile device will be able to view the content of these alerts.

E.1.3 Telephone Calls

Authorized employees or agents of Company may monitor and record all or portions of your telephone conversations with Company for quality control, customer service, employee training, security, and other lawful purposes. You agree that you consent to this call monitoring and recording. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.

E.2 Communications from you

E.2.1 Notices to Company

Notice to Company must be sent by postal mail to: Hip Pocket, 1120 Eastridge Drive. Lincoln, NE 68510.

E.2.2 Feedback

You agree that Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials (the "Content"). You grant Company a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Company in any way. Company will not sell, publish or share your feedback in a way that could identify you without your explicit permission. You represent and warrant that none of the Content infringes any intellectual property or publicity rights.

F. Termination

F.1 Termination of this TOS

We reserve the right, at our sole discretion, to restrict, suspend, or terminate this TOS and your access to all or any part of the Hip Money App, Hip Money, Website or Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Hip Money App, Hip Money Website, or Services at any time without prior notice or liability.

Upon termination of this TOS for any reason, we have the right to prohibit your access to the Hip Money App, Hip Money Website, or Services, including without limitation by deactivating your username and password, and to refuse future access to the Hip Money App, Hip Money Website, or Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors. If we limit or close your account or terminate use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this TOS, restoration is at our sole discretion.

F.2 Closing Your Account

You may close your account at any time by contacting Customer Service at info@hip.money

G. Intellectual Property

“Hip Pocket”, “Hip Money”, and all related logos, products and services described in our Hip Money Website, Hip Money App, and Services are either trademarks or registered trademarks of Company. You may not copy, imitate or use them without Company's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent.

H. Appropriate Use

H.1 Use of the Services

You agree not to use the Hip Money App or Hip Money Website for any purpose that is unlawful or prohibited by the TOS. You may not use the Hip Money App, Hip Money Website, or Services in any manner that could damage, disable, overburden, or impair the Hip Money App, Hip Money Website, or Services or interfere with any other party’s use of the Hip Money App, Hip Money Website, or Services, including, without limitation:

  • use of an anonymizing proxy;
  • taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
  • facilitating any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or otherwise interfere with the proper working of the Service;
  • use of any robot, spider, other automatic device, or manual process to monitor or copy our Hip Money Website without our prior written permission;
  • use of any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our Hip Money App, Hop Money Website, or Services;
  • make any attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

You are prohibited from using any Services or facilities provided in connection with the Hip Money App or Hip Money Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.  We reserve the right to investigate suspected violations of these TOS.  We further reserve the right to terminate your access to our Hip Money App, Hip Money Website, or to any or all of the Services at any time without notice for any reason whatsoever, including any suspected violation of these TOS.

H.2 Your Liability

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company or a third party caused by or arising out of your breach of this TOS, and/or your use of the Services. You agree to reimburse Company, a user, or a third party for any and all such liability.

You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending instructions to the Financial Institution to initiate and execute a transfer for an incorrect amount of money or to an incorrect recipient.

J. Dispute Resolution and Your Waivers

If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Company regarding our Services may be reported by written communication mailed to Hip Pocket, 1120 Eastridge Drive. Lincoln, NE 68510.

J.1 Severability, Law and Forum for Disputes; Arbitration

These TOS shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in these TOS shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these TOS shall be construed to give maximum legal effect to the intent expressed herein.

This TOS shall be governed in all respects by the laws of the State of Nebraska, without regard to conflict of law provisions, except to the extent that federal law applies.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.

The forum for arbitration shall be a federal district courthouse located in Lincoln, Nebraska. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this TOS including, but not limited to, any claim that all or any part of this TOS is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall be responsible for the cost such arbitration proceeding and all associated costs.

This TOS and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.

There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Lincoln, Nebraska, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Lincoln, Nebraska for the purpose of litigating such claims or disputes.

J.2 Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

K. Disclaimers

K.1 Disclaimer of Warranty

THIS SERVICE IS PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE HIP MONEY APP OR ON THE HIP MONEY WEBSITE. COMPANY DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF INFORMATION CONTAINED IN THE HIP MONEY APP OR ON THE HIP MONEY WEBSITE OR THAT ACCESS TO THE HIP MONEY APP OR HIP MONEY WEBSITE OR USE OF THE SERVICES WILL BE UNINTERRUPTED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

K.2 Disclaimer Regarding Service Interruptions and Use of Mobile Devices

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company or our partners, in their sole discretion, may elect to take.

Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

K.3 Disclaimer of Timeliness and Accuracy of External Data

With the Services, Users may direct Company to retrieve information from their Linked Accounts maintained online by third-party financial institutions with which they have customer relationships, maintain accounts, or engage in financial transactions ("Linked Account Information"). Company may work with one or more online financial service providers under contract to access this Linked Account Information. Company makes no effort to review the Linked Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.

Company cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Company cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Linked Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.

K.4 Disclaimer of Liabilities

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE HIP MONEY APP, HIP MONEY WEBSITE, OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE HIP MONEY APP, HIP MONEY WEBSITE, OR SERVICES.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

To the fullest extent permitted by law, Company will not accept or have any liability in the event of unauthorized use of your account, the conduct of fraudulent or illegal activities via your account, any inability to transact or problems related to poor Internet access, mobile device or computer failure or other communication issues, or any issues related to the timely execution of a transfer, load, unload or similar transaction.

Except as otherwise provided in this TOS, and to the extent permissible under applicable law, Company's cumulative liability to you for any claims or damages arising out of your use of the Services, Hip Money Website, or Hip Money App shall not exceed the greater of the fee you paid to the Company for the Services or $1.00 USD.

L. Indemnification

You agree to defend, indemnify, and hold harmless Company and its employees, agents, directors, officers and shareholders, from and against all third party liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of the Hip Money App, Hip Money Website, or Services, your breach of any of these TOS, or your infringement of the intellectual property rights of third parties.

M. Survival

In the event of termination of this TOS or the Services, the terms in this TOS that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

N. Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

O. Miscellaneous

This TOS and other documents (including but not limited to the Privacy Policy) referenced in or linked to this TOS, which are hereby incorporated herein and made a part of this TOS by this reference, contain yours and our entire agreement regarding your use of the Services. If any provision of this TOS is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this TOS, which together will be construed as if such illegal or unenforceable provision had not been included in this TOS. Any legal action arising out of your use of the Services must be brought within one year after the cause of action has arisen. The section headings in this TOS are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this TOS. You may not transfer or assign any rights or obligations you have under this TOS without Company's prior written consent. Company reserves the right to transfer or assign this TOS or any right or obligation under this TOS at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

P. How to Contact Us

If you have questions or concerns regarding this Agreement, or any feedback that you would like us to consider, please email us at info@hip.money. You may also write to us at Hip Pocket Hip Pocket, 1120 Eastridge Drive. Lincoln, NE 68510.