Table of contents

Opening Introduction

Who Can Use Humming (Eligibility)

Stripe

Service Available ‘As Is’

Termination of an Account

Use of Third Party APIs and Cookies

Children’s Policy

Service Requirements and Legal Restrictions

Content and Community

Your Rights and Privacy

Humming Rights

Payment Processing and Acceptance

Analytics, Targeting, and End-Destinations

Closing

1. Welcome to our terms of service and privacy policy

Our mission is to make advertising simple. At our core, we’re building a platform for people to re-think how advertising works—from the way we create ads, to how we share and engage with them. We invite you to join us on this journey, if you ever have any questions or thoughts please send us a note here.

The Terms of Service and Privacy Policy (“Terms”) grant complete access to the use of the Humming app, website, and all associated products and services. Please read them carefully. By using Humming, Humming, Inc., and its affiliated products (“the Service,” “we,” “us”), you are bound by these Terms and acknowledge that you have read, understand, and will comply with these Terms. Your continued use of Humming, its products, and its affiliated partners implies that you agree with and consent to our terms.

2. Who Can Use Humming (Eligibility)

You may use our Products only if you can form a binding contract with Humming, and are in compliance with these Terms, Privacy Policies and all applicable laws. When creating or managing an account on our service, you must provide accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. Some of our Products may include software that is downloaded to your computer, phone, tablet, or other device, and you hereby agree that we may automatically upgrade those Products, while these Terms will continue to apply to such upgrades now known or later developed. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

3. Using Stripe

Humming uses Stripe, Inc. (“Stripe”) for its payment processing and services. Every occasion where sensitive financial and personal information is collected or distributed, we do so through Stripe. It’s very important that you understand, comply and acknowledge the updated terms of use through Stripe and its affiliates. Payment processing, security, access and authorization of the distribution or collection of funds, runs through Stripe and its affiliates. Humming, Inc. dissolves all liability and any related responsibility for the misuse, unauthorized access, and/or inaccurate collection of funds, through Stripe. By using the service, you comply to the acknowledgment of releasing Humming, Inc. of any financial responsibility from the use of this service.

4. Indemnification

By using Humming, you agree to indemnify, defend and hold Humming and all of its officers, directors, employees, agents, service providers and licensors (collectively, the ‘Humming Parties’) harmless from and against any and all liabilities, losses, costs and expenses incurred by any of the Humming Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of your use of Humming; your Content; your violation of these Terms; or your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

5. Change or Influx in Services and Availability ‘As Is’

The Services that Humming provides are constantly evolving and changing as a direct intention on our part to improve our experience, community, amend to changing circumstances or for any number of appropriate reasons. As the form and nature of the Services that Humming provides may change from time to time, without prior notice to you, you may stop use of the platform and its services (permanently or temporarily). Additionally, Humming may retain the right to create limits on use and storage at our sole discretion, at any time, without prior notice to you. Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an ‘AS IS’ and ‘AS AVAILABLE’ basis. Without limiting the foregoing, Humming AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content thereon. Any intended use or reliability on Humming, its service, or any of its partners, in the coordination and success of its services with regard to its users in business, individuals or organizations, holds no responsibility, financially or otherwise, for a failure of service. Your continued use of Humming acknowledges your use of the Service at your own risk. Humming claims, and holds, no responsibility for the direct or indirect reliability and success of its Service.

6. Account Termination

Following the termination, deletion or deactivation of an account, or if you remove any User Content from Humming, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Humming and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of publicly shared Content on our platform. If you have any questions or request your Content removed please let us know.

7. Use of Third-Party APIs and Cookies

The Service utilizes the following third-party APIs, among others, but is not endorsed, certified or otherwise approved in any way by them: Stripe API, Bing Ads API, Amazon Ads API, Twitter Ads API. When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

8. Children’s Policy

Humming does not in any way knowingly collect or solicit information from any person under the age of 13. The Service and its Content are not directed at children under the age of 13. Use of Humming under the age of 13 is strictly prohibited. If you have any questions or concerns regarding Children’s Privacy, please contact us.

9. Service Requirements and Legal Restrictions

You must use the Services in a lawful manner, obeying all laws, rules, and regulations (“Laws”) applicable to your use of the Services. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, false or misleading advertising, and any other relevant Laws relating to the Services. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, that could pose harm or induce any damage to parties and entities related to using the Service. You may not use Humming for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws. YOU MUST OWN AND LEGALLY BE ABLE TO REPRODUCE PROPER, LEGAL OWNERSHIP OF ALL CONTENT YOU CREATE, UPLOAD, OR SHARE THROUGH THE SERVICE. Additionally, you are responsible for keeping your login, password, and any identification information secure, especially careful in the permissions and granting of credentials to other parties.

10. Content and Community

Any Content created or uploaded to Humming, its platform and its services, is rightfully yours. You own what you create and share. Humming gives you a limited, personal, worldwide, royalty-free, non-assignable, non-exclusive and revocable license to use the software that is provided to you by Humming as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Humming, in the manner permitted by these Terms.

In the same vein, our community is built and maintained by your spirit. We value inclusiveness, substance, and artistic expression in every action we take. Above all, though, we value your feedback. The Humming community is what you make it, and it’s our mission to help provide you the tools and resources that help your business, organization and community thrive. We’re always here to support our users, and are always open to your feedback.

Humming reserves the exclusive right to remove offensive or objectionable Content, determined by administrators, at anytime and without warning or prior notice to you in any form. Objectionable Content has no place in Humming’s community-driven platform, and as such, Humming has an unalienable right to solely determine and remove Content deemed in objectionable.

11. Your Rights and Privacy

We’re building this for you—your Content is yours, and you ought to rightfully own what you create. You retain your rights to any Content you create, submit, post or display on or through the Service to be distributed and shared, if you choose to share publicly. Humming may want to showcase or broadcast Content you have created on the Service that showcases the Service or your Content in a new, artistic, or meaningful way. In order to do so, you MAY grant Humming a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, to use, adapt, publish, display and distribute to any and all media or distribution methods, if selected by you. You agree that this license includes the right for Humming to make such Content available to other organizations or individuals who partner with Humming for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Humming, or other companies, organizations or individuals who partner with Humming, MAY be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer or mobile device networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You represent and warrant that you have all right, power and authority necessary to grant the rights granted herein to any Content that you submit. You may not, under any circumstances, replicate any aspect, individually or through any combination of pieces, of Humming, its services, brand, or its partners, without express written consent of Humming, Inc. and its representatives. Through your use of Humming you understand and comply any replication is expressly forbidden in any capacity without prior written consent.

Unlike many other services, WE WILL NOT SELL YOUR DATA to other parties or industries. Your data is private and used only to help you share more relevant ads you create.

Localization is an important component of Humming. Because of this, we ask for your location in the advertisement creation process, to help better serve relevant ads on a location basis. Additional information we collect, such as any names, addresses or any other information associated with your advertisements and account creation process, is solely for creating or sharing ads more accurately. The data we or our partners collect is to used to allow the platform and its services to facilitate its operations.

12. Humming Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Humming and its licensors. The Service is protected by copyright, trademark and other intellectual property laws of the United States and other countries. Nothing in the Terms gives you a right to use the Humming name, the Humming, Inc. name or any of our trademarks, logos, domain names, brand features and other distinctive elements. Any feedback, comments, or suggestions you may provide regarding Humming or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions strictly as we see fit and without any obligation or compensation to you or the Service henceforth.

Violation of these Terms of Use may, in Humming’s sole discretion, result in termination of your account. You understand and agree that Humming cannot and will not be responsible for the Content posted on the Service. You use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Humming, we can stop providing all or part of the Service to you at any time, without notice.

Laws will judiciously be executed in the great State of Washington.

13. Payment Processing, Acceptance, Disputes, and Recourse

As an advertiser on Humming, you are likely required (except for promotional, non-profit, or other special circumstances) to pay for your advertisements and are entitled to a receipt of financial payment. Humming and its associates are not responsible for any losses, damages, fraud, inaccuracies or inconsistencies in any form, through the process by which payment is collected, and all liability associated with it are assumed at your personal and legal expense. Use, process, and transfer of payments, with any potential gains or loses, is at your own risk.

There is a zero tolerance policy for fraudulent activity in any form. Any fraudulent activity, in any capacity, that aims to alter, intimidate, or manipulate the spirit of the platform or our community of users, will be suspended and/or deleted, without any prior notice to the fraudulent user. Misleading accounts or payments will be prosecuted to the fullest extent of the law.

All payment processing is final. In account of disputes for charges, billing or other information deemed inaccurate, a file must be notified within ten (10) calendar days of process. For example, if you pay for ad space and disagree with what you were charged, you have ten (10) days after the payment for the ads have processed. To adequately report inaccurate or fraudulent transactions, PLEASE CONTACT US AS SOON AS YOU RECOGNIZE OR IDENTIFY SUSPICIOUS PAYMENT PROCESSING IN ANY FORM. It is our hope to effectively resolve all disputes, and will take as our duty, commercially reasonable safeguards to help prevent and resolve any discrepancies. It should be clearly noted, however, that such discrepancies must be reported to Humming within timely limits set forth, as Humming holds no responsibility or burden to independently investigate claims unless prompted to do so.

Through your use of Humming, its products, services, or use of its partners, you acknowledge that any damage caused, instigated, or perceived to have incurred for a business, organization, individual or other entity as a result of performance and platform behavioral issues, inappropriate or objectionable Content in any capacity, willful negligence in comprehension of the services, inappropriate or otherwise objectionable behavior by users of the platform, or any other factor deemed reprehensible, no known or later developed, will in no way hold Humming, Humming, Inc., and its partners financially or legally responsible for recourse. Through the continued use of our platform and its services you recognize and accept this.

14. Analytics, Targeting, and End-Destinations of Advertisements and Advertising Campaigns

The Service is designed to facilitate one or multiple advertising campaigns across one or multiple ecosystem platforms and processes (e.g., digital advertising networks and digital advertising exchanges). To help fulfill this, it is essential for the service to accommodate targeting, or specific characteristics designated or associated to advertisements or advertising campaigns, and provide reasonable analytics to help maximize use for advertisers of the service. Humming uses commercially reasonable systems, technical mechanisms, and industry standardized processes and algorithms to best effectively target advertisements to reach the intended audience, end-user, or end-advertisement viewer. These systems are constantly evolving and improving. Humming works to the best of its ability to effectively target advertisements and advertising campaigns, and produce, procure and manage analytics to help advertisers of the service achieve optimal and desired results. While Humming, and its partners, through full effort and good faith attempt to maximize results in the benefit of the advertiser and their desires, based on their inputs within the service, and past performance of other advertisers, we in no way guarantee, or partially guarantee, the accuracy, fulfillment and desire of the advertiser in targeting, tracking, analytics, and/or the presentation of these metrics. Advertisements may appear on sites, not desired or deemed appropriate, through content or tracking, by an advertiser of the service. Humming, and its partners, will work to better target and remove within a reasonable period of time, based on the request of the advertiser. You agree, through the continued use of our platform and its services, that you recognize and accept that you will in no way hold Humming, Humming, Inc., and its partners financially or legally responsible for any targeting, tracking, analytics, and/or the presentation of these metrics that may have caused harm to the brand, product or company of the advertiser on the service, or any entity that the advertiser represents on the service.

15. Closing

Humming reserves the right to change and amend these terms and privacy policy at any time, and, at times, may not require prior notification to you. Please make sure you continue to check and update yourself with the terms of service, privacy policy and community guidelines on a regular basis. Email help@humming.ai.

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