Terms of Use
Terms of Use
Please read these Terms of Use (hereinafter, “Terms”) carefully before using the Hilus mobile application
(the “Application”) operated by Hilus LLC, a Florida limited liability company (“us”, “we”, “our”, or “Hilus”).
Your access to and use of the Application is conditioned upon your acceptance of and compliance with
these Terms. These Terms apply to all visitors, users and parties who download or use the Application. By
downloading, accessing or using the Application you acknowledge, and agree to be bound by, these Terms
along with Hilus LLC’s Privacy Policy and any other terms, policies, and user guidelines that apply to user’s
use of the Application.
The content of the pages of the Application is for your general information and use only. It is subject to
change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the information, materials, and services found or offered on the
Application for any particular purpose. You acknowledge that such information, materials, and services may
contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the
fullest extent permitted by law. Your use of any information or materials on the Application is entirely at your
own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products,
services or information available through the Application meet your specific requirements.
The Application may contain material which is owned by or licensed to us. This material includes, but is not
limited to, the design, layout, look, appearance, graphics, and content appearing on the Application.
Reproduction is prohibited other than in accordance with the copyright notice herein, which forms part of
these terms and conditions.
All trademarks reproduced in the Application, which are not the property of, or licensed to Hilus, are
acknowledged on the Application. The unauthorized use of any trademarks appearing on the Application,
whether belonging to Hilus or its affiliates, related companies, vendors, suppliers, retailers, or other third
parties is strictly prohibited in the absence of a valid license from the trademark owner(s).
Unauthorized use of the Application may give rise to a claim for damages and/or be a criminal offence.
From time to time, the Application may contain links to other mobile applications or websites that are not
covered by these Terms or Hilus’s privacy policy and where information practices may be different from
ours. Our provision of a link to any other website or location is for your convenience and does not signify
our endorsement of such other website or location or its contents. Please be aware that these Terms and
Hilus’s privacy policy do not apply to these outside websites or content, or to any collection of data after
you click on links to such outside websites.
Although we have determined that this Application complies with the laws of the United States of America,
by using this Application and/or making purchases of any of our services or products, you agree that venue
for any disputes arising under these Terms, Hilus’s privacy policy, or your use of the Application, generally,
shall be in a court of competent jurisdiction within the State of Florida.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Application. We may experience delays in
updating information on the Application and in our advertising on other websites or mobile applications. The
information found on the Application may contain errors or inaccuracies and may not be complete or current.
Products or services may be mispriced, described inaccurately, or unavailable on the Application and we
cannot guarantee the accuracy or completeness of any information found on the Application. We therefore
reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer, mobile device, and/or user account. You agree to
accept responsibility for any and all activities or actions that occur under your account and/or password,
whether your password is with our Application or a third-party service. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for
use, a name or trademark that is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our
sole discretion.
Intellectual Property
Excluding any content that you or another user may provide (“User Content”), you acknowledge and agree
that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on or in any
part of the Application and in all other content thereon are owned by Hilus or Hilus’s affiliates, related
companies, suppliers, vendors, retailers, agents, or representatives. Note that these Terms and access to
the Application do not give you any rights, title or interest in or to any intellectual property rights, except for
the limited access rights expressed in the Usage Restrictions section below. Hilus and its affiliates, related
companies, suppliers, vendors, retailers, agents, and representatives reserve all rights not granted in these
Terms.
Usage Restrictions
Hilus grants you a non-transferable, non-exclusive, revocable, limited license to use and access the
Application solely for your own personal, non-commercial use in accordance and full compliance with all
terms, conditions, and restrictions of usage set forth herein.
The rights granted to you in these Terms are subject, without limitation and in addition to all other terms,
conditions, and restrictions set forth in these Terms, to the following restrictions: (a) you shall not sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Application or of
any other products, features, apps, services, technologies, or software offered by Hilus in connection
therewith; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse
engineer any part of the Application or of any other products, features, apps, services, technologies, or
software offered by Hilus in connection therewith; (c) you shall not use information about the Application or
about any other products, features, apps, services, technologies, or software offered by Hilus in connection
therewith obtained while using or accessing the Application to, directly or indirectly, build, conceive of, fund,
manage, own, develop, or create a similar or competitive website, product, feature, application, service,
technology, or software; and (d) except as expressly stated herein, no part of the Application or of any other
products, features, apps, services, technologies, or software offered by Hilus in connection therewith, may
be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means unless otherwise indicated. Any future release, update, or other addition to functionality
of the Application shall be subject to these Terms. All copyright and other proprietary notices on the
Application must be retained on all copies thereof.
Hilus reserves the right to change, suspend, or cease operating the Application with or without notice to
you. You acknowledge and agree that Hilus shall not be held liable to you or any third-party for any change,
interruption, or termination of the Application or any part thereof.
In addition to the foregoing, you agree not to use the Application or any other products, features, apps,
services, technologies, or software offered by Hilus in connection therewith to collect, upload, transmit,
display, or distribute any User Content (i) that infringes or violates any third-party right including, without
limitation, any intellectual property or proprietary right; (ii) that is unlawful, fraudulent, discriminatory,
harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,
misleading, trade libelous, pornographic, obscene, patently offensive, or that promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any
way; or (iv) that is in actual or attempted violation of any law, statute, regulation, or obligation or restriction
imposed by any third party.
You further agree not to: (i) upload, transmit, or distribute to or through the Application any software,
malware, virus, or malicious code intended to damage or alter a computer system or data, or which could
disable, overburden, or impair the proper working or appearance of the Application or any part thereof; (ii)
send through the Application unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use
the Application to harvest, collect, gather or assemble information or data, through automated means or
otherwise, regarding other users without their prior written and informed consent and without the prior
written and informed consent of Hilus; (iv) interfere with, disrupt, or create an undue burden on servers or
networks connected to the Application, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Application or any part thereof, whether through password
mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the
Application; or (vi) use software or automated agents or scripts to produce multiple accounts on the
Application, or to generate automated searches, requests, messages, or queries to the Application. You
must obtain our prior written permission to modify, create derivative works of, decompile, or otherwise
attempt to extract source code from the Application, from any other products, features, apps, services,
technologies, and software offered by Hilus, or from Hilus, generally.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against
you in our sole discretion if you seriously or repeatedly violate these Terms or if doing so may expose us
or others to legal liability; harm our community of users; compromise or interfere with the integrity or
operation of any of our services, systems or products; where we are restricted due to technical limitations;
or where we are prohibited from doing so for legal reasons. Such action may include removing or modifying
your User Content, terminating your account, and/or reporting you to law enforcement authorities.
If you provide Hilus with any feedback or suggestions regarding the Application, you hereby assign to Hilus
all rights in such Feedback and agree that Hilus shall have the exclusive right to use, develop, transfer,
assign, and fully exploit such Feedback and related information in any manner and for any reason. Hilus
will treat any Feedback you provide to Hilus as non-confidential and non-proprietary.
Links To Other Web Sites
The Application may contain links, or redirect users, to third party web sites or services that are not owned
or controlled by Hilus. Hilus has no control over, and assumes no responsibility for the content, privacy
policies, goods/services, or practices of any third-party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Hilus shall 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 such
content, goods or services available on or through any such third-party
We strongly advise you to read the terms and privacy policies of any third-party web sites or services that
you visit.
Termination
We may terminate or suspend your account and bar access to the Application immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but
not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue
using the Application.
All provisions of the Terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
Indemnification
You agree to indemnify and hold Hilus and its officers, employees, and agents harmless, including costs
and attorneys’ fees, from any claims, demands, damages, obligations, losses, liabilities, costs or debt, and
expenses made by any third-party due to or arising out of (a) your use of the Application, (b) your violation
of these Terms or of any other applicable terms, guidelines, policies, and rules governing your use or access
to the Application or any part thereof, (c) your violation of applicable laws or regulations or (d) your User
Content. Hilus reserves the right to assume the exclusive defense and control of any matter for which you
are required to indemnify us, including choosing legal counsel of Hilus’s choice, and you agree to cooperate
with our defense of these claims. You agree not to settle any matter without the prior written consent of
Hilus. Hilus will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
Limitation of Liability
In no event shall Hilus, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability
to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any
content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions
or content, whether based on warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability
for consequential or incidental damages, so the limitations above may not apply to you.
Disclaimer
Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS
AVAILABLE” basis. The Application is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hilus, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function
uninterrupted, error-free, defect-free, secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results
of using the Application will meet your requirements.
Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Florida
without giving effect to any choice or conflict of law provision or rule that would require or permit the
application of the laws of any jurisdiction other than those of the State of Florida. Venue shall exclusively
lie in the state or Federal courts located within the State of Florida and sitting in Broward County. In the
event litigation is necessary to enforce any provision of this Agreement or to prosecute a perceived breach
of this Agreement, the prevailing Party shall be entitled to an award of all costs, expenses, and attorneys’
fees, whether taxable or not, to be paid by the non-prevailing Party.
Our failure to enforce any right or provision under, or in connection with, these Terms will not be considered
a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms shall remain in effect.
Changes
These Terms were last updated on October 15, 2023. Hilus reserves the right to update these Terms at
any time. A notice of any material change, stating “Our Terms of Use have changed. Please review the
highlighted change(s),” will be transmitted to all users or posted on the Application home page for thirty (30)
days prior to the implementation of such change. There are two boxes at the end of Hilus’s notice of change
(1) an “I accept” box, and (2) an “I do not accept” box. If user does not mark the “I do not accept” box user
will be deemed to have accepted Hilus’s Terms of Use updates. By continuing to access or use the
Application after any revisions become effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the Application.
Contact Us
If you have any questions about these Terms, please contact Hilus by mail at the following address:
Hilus LLC
111 North Pine Island Road
Suite 105
Plantation, FL 33324
111 North Pine Island Road
Suite 105
Plantation, FL 33324