Agreement to Terms

Welcome to Holler! These Terms of Service ("Terms") govern your access to and use of the Holler mobile application ("App") provided by Waygate Technologies, LLC ("we," "us," or "our").

By accessing or using Holler, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

Eligibility

You must be at least 13 years old to use Holler. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you must have your parent or legal guardian's permission to use Holler.

Account Registration

To use Holler, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

Description of Service

Holler is a social coordination app that allows you to:

• Send "signals" to friends about activities and hangout opportunities
• Receive notifications when friends send signals
• Respond to signals with RSVPs
• Connect with friends and manage your friend network

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice.

User Conduct

You agree to use Holler only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation
• Impersonate or attempt to impersonate any person or entity
• Harass, abuse, threaten, or intimidate other users
• Send spam, unsolicited messages, or engage in any form of harassment
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to the App, other accounts, or computer systems
• Interfere with or disrupt the App or servers or networks connected to the App
• Use any automated system or software to extract data from the App
• Reverse engineer, decompile, or disassemble the App
• Use the App for any commercial purpose without our express written consent
• Share content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable

User Content

Content You Submit

You retain ownership of any content you submit through Holler ("User Content"), including signals, messages, and profile information. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content to provide and improve the service.

Content Standards

You are solely responsible for your User Content. You represent and warrant that your User Content:

• Does not violate any third party's rights, including intellectual property rights and privacy rights
• Does not contain material that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Does not contain viruses or other harmful computer code
• Complies with all applicable laws and regulations

Content Moderation

We reserve the right, but are not obligated, to monitor, review, or remove User Content at our sole discretion. We may remove content that violates these Terms or that we deem inappropriate for any reason.

Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by Waygate Technologies, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our App or software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

Tips and In-App Purchases

Holler may offer optional in-app purchases, including the ability to leave tips to support the app. All purchases are processed through the Apple App Store and are subject to Apple's terms and conditions. We do not store your payment information.

Tips and purchases are non-refundable except where required by law. If you believe you were incorrectly charged, please contact us at support@waygatetech.co.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using Holler, you also agree to our Privacy Policy.

Third-Party Services

Holler uses Apple Push Notification Service and may integrate with other third-party services. Your use of these services may be subject to their respective terms and conditions and privacy policies. We are not responsible for any third-party services.

Disclaimers and Limitations of Liability

No Warranty

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The App will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The App is free of viruses or other harmful components
• The results of using the App will meet your requirements

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAYGATE TECHNOLOGIES, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the App
• Any conduct or content of any third party on the App
• Any content obtained from the App
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless Waygate Technologies, LLC and its affiliates, employees, contractors, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third party rights, including intellectual property rights
• Your User Content

Termination

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

You may terminate your account at any time by deleting your account through the App settings.

Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution and Arbitration

Informal Resolution

If you have any dispute with us, you agree to first contact us at support@waygatetech.co and attempt to resolve the dispute informally for at least 30 days before initiating any formal proceedings.

Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the United States, and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AND WAYGATE TECHNOLOGIES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Waygate Technologies, LLC is registered, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the App after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Waygate Technologies, LLC.

Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us on the App, constitute the entire agreement between you and Waygate Technologies, LLC regarding the App.

Contact Information

If you have any questions about these Terms, please contact us:

Waygate Technologies, LLC
Email: support@waygatetech.co