HELPFREELY APP™ ­ END USER LICENSE AGREEMENT

You agree to be legally bound by the following End User License Agreement (this "EULA"). As used in this EULA, "Helpfreely App™" or "Software" means the software designed to work with the internet web browser installed on your computer and includes any updates, revisions, patches, or other modifications that may be made from time to time to this software. The Helpfreely App™ software works as a reminder, appearing when the user is visiting our partner shops. Its functions include enhancing user experience within search engine results, providing easy access to the Services offered through Helpfreely.org, and enabling our Users to help raise funds for their selected causes through their "Qualifying Purchases". Users are allowed to download and access the Helpfreely Software Application ("Helpfreely App™") for free with the goal of enhancing their experience while using Helpfreely.org and allowing them to take advantage of all that the website has to offer.

The Helpfreely App™, documentation, and local computer files installed or utilized by the installer application are owned by HELP FREELY FOUNDATION, F.C., hereinafter ("H.F.F."), domiciled in Calle Eduardo Benot, Number 1, 6th Floor, Las Palmas de Gran Canaria, 35007, Spain. H.F.F. is a nonprofit corporation organized and existing under the laws of SPAIN and duly registered at the Spanish "Registro Autonómico de Fundaciones" with Charity Number: ES G-76201334.

Any Software that H.F.F. provides to third parties falls under the restrictions and provisions outlined by this EULA.

Overview

Helpfreely.org faciliates fundraising that benefits nonprofits, associations, and any other eligible organizations ("Cause"), made possible by the online purchases of products or services that supporters of these Causes complete while shopping at participating merchant partners ("Partner"). Helpfreely.org is fully owned by the H.F.F., and references made to "we" or "our" or "us" in this EULA, or mentions of Helpfreely.org, refer to both Helpfreely.org and the H.F.F.

H.F.F. hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the The Helpfreely Software Application ("Helpfreely App™") with the Permitted Uses and Restrictions provided below.

This EULA does not establish your right to receive any kind of support, telephone assistance, software updates, or enhancements, or hard-copy documentation from us regarding the Software.

The Helpfreely.org website, located at https://www.helpfreely.org (the "Site"), its associated services designed for end users (collectively, the "Services"), and other related applications, including the Helpfreely App™, are offered to users free of charge by the H.F.F.

Your use of the Helpfreely App™ implies that you understand and agree to comply with the following EULA and Helpfreely.org’s Terms of Services and Privacy Policy.

(https://www.helpfreely.org/es/terms-and-conditions/)

(https://www.helpfreely.org/es/privacy-policy/)

Additionally, your use of the Helpfreely App™ implies your full consent to the policies as outlined below regarding the collection, use, and disclosure of your data.

H.F.F. maintains the right to periodically update and/or make changes to this EULA and will make this new version available on the Site. Should you, upon release of these changes, continue to use the Helpfreely App™, your acceptance of this new EULA is implicit. We suggest that you check our Site frequently for updates

No personally identifiable information about you (such as your name, address, telephone number, or government issued ID number) is automatically collected via the Helpfreely App™. However, the App does collect information regarding the Causes you support and how you use our Site and the Internet. Furthermore, you may choose to provide us with your personally identifiable information if you register for a user account at our Site, which can be done via email or by connecting with certain social media accounts ("Social Login"), including Facebook, Google+, and Twitter. H.F.F. makes it a priority to be transparent and respectful when using your data, and we suggest that you read and understand our Privacy Policy, which is always available on our Site.

Following the terms and conditions outlined within this EULA, H.F.F. grants you non-exclusive, non-sublicensable, worldwide access (taking into account any limitations set forth in this EULA) to the Helpfreely App™, including updates, revisions, or new versions that may be made available in the future. Unless granted express written permission by H.F.F., you are only allowed to use the Helpfreely App™ for non-commercial purposes. Thus, you are prohibited from selling, renting, leasing, sublicensing, publishing, assigning, transferring in any way, or exploiting the Helpfreely App™ for commercial means.

You are prohibited from copying, changing, reproducing, reverse engineering, reverse compiling, or making any attempt to gain access to the source code or algorithms used in the Helpfreely App™. You will not remove, delete, or change any trademark, copyright, or notices of other proprietary rights present in or accessed via the Helpfreely App™. Additionally, you are not allowed to edit or create any derivative work from the Helpfreely App™ unless you have obtained prior written permission from Helpfreely.org.

Helpfreely.org reserves any and all other rights not expressly granted to you in this EULA, the Terms of Services, our Privacy Policy, or elsewhere.

The rights granted to you under this EULA are valid until you or H.F.F. choose to terminate the agreement. You may do this by uninstalling and destroying all of your copies of Helpfreely App™. This EULA can also be terminated if you do not comply with any of the provisions outlined in the EULA or Terms of Service. H.F.F. reserves the right to terminate this EULA, deactivate the Helpfreely App™, or discontinue any service without prior notice

Software Functionality

By agreeing to this EULA, your permitted uses and restrictions with respect to the Helpfreely App™ are as follows:

If you choose to install the Helpfreely App™, you understand and agree that the Helpfreely App™ may ask you to activate a link in order to facilitate a donation to your selected causes when you visit the website of one of our partner shops. A donation can only be generated from your purchase if you click Activate the App, OK, Continue, ON, or a similar option, which may depend on the language and version of the Helpfreely App™ that you are using. By using these links, you are letting our partner merchant know that you are shopping through Helpfreely.org, which allows H.F.F. to transform the resulting funds from your Qualifying Purchases (see the Terms of Services for more info on "Qualifying Purchases") into donations to your chosen causes. None of your personally identifiable information is transmitted via these links, nor does the use of these links change your shopping experience in any way. However, these links do transmit a unique identifier, which allows Helpfreely.org to link your Qualifying Purchases with your registered account (if you have one) and your chosen causes. This identifier is used for marketing and reporting purposes.

Additional functions or features may be added to the Helpfreely App™ now or in the future. The aforementioned additional functions and features may include:

Intellectual Property

You understand and accept that through this EULA you are only licensed the use of the Helpfreely App™ and that H.F.F. and its licensors maintain ownership of all other rights, titles, and interests. These may include any documentation, materials, and services that H.F.F. makes available to you via our Site (Helpfreely.org), in addition to any intellectual property rights in and to the Helpfreely App™. In this EULA, "intellectual property rights" should be understood as those rights governed by trademark, patent, trade secret laws, or copyright, as well as additional intellectual proprietary or property rights, including moral or exploitation rights, as recognized by any country or jurisdiction worldwide, without limitation.

Additional Obligations

Individuals under the age of 16 are not allowed to access or use the Helpfreely App™ or any of its related products and services. By installing the Helpfreely App™, you are affirming and guaranteeing that you meet the minimum requirement of 16 years of age and that you either own or are an authorized user of the computer on which the Helpfreely App™ is installed and used. You understand and agree that the services outlined in this EULA are subject to and your use of said services and any other related services must always comply with all local, state, national, and international statutes, rules, regulations, and laws. You also understand and accept that you are prohibited from using any spider, robot, or other manual or automatic process or device to hinder or attempt to hinder the correct functionality of the Helpfreely App™ or any associated services, except in the case that you wish to remove the Helpfreely App™ from a computer that you own or are an authorized user of.

Disclaimer of Warranties

Helpfreely.org offers its Services "as available" and "as is", excluding any kind (explicit, implied, authorized, legal, or similar) of warranty, representation, or guarantee, including without limitation any implicit warranties regarding title, no infringement, commercial appropriateness for a specific objective, or resulting from a course of dealing our usage. Helpfreely.org, in keeping with the general nature of the previous statement, cannot guarantee that the services will be adequate for your needs, nor can we guarantee that you will always receive completely accurate information while using the services or that, by accessing, using, or operating the Helpfreely App™, the Services in their entirety, or any of their parts, will be free of errors, viruses, and/or interruptions, or otherwise secure. Your use of the Helpfreely App™ and the Services constitutes your acceptance and understanding of the possible risks that may arise, which may include, but are not limited to, data loss or damages of any kind to your computer system that may result from downloading, installing, or running the Helpfreely App™ or any Helpfreely.org-related applications and code. In keeping in line with the aforementioned disclaimer, you understand and recognize that Helpfreely.org gives no official endorsement, nor claims any responsibility or liability with regard to any links, content, or services provided by third parties. You also agree that Helpfreely.org shall not be held responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged that may be caused by or connected with your use of or reliance on any of the above or any other services offered by any third party sites or services that may be accessed via any of our Services.

Limitation of Liability

You understand that neither you nor any third party may hold Helpfreely.org, its Users, Registered Causes, Legends, and licensors, including any of their respective managers, workers, officers, agents, representatives, and delegates, liable or responsible for any exemplary, direct, indirect, accidental, particular, consequential, or punitory damages, which may include but are not limited to profits or revenue that is lost, as well as any other damages of any kind, resulting in any way from or linked with your access to and/or use of Helpfreely App™, or the any Helpfreely.org Services, with no regard to how they were caused or whether under contract, strict liability, breach or infraction, or any other assumption of liability, and regardless of whether or not Helpfreely.org has received prior notice of any possible damages. The aforementioned restrictions shall remain applicable notwithstanding the failure of the essential purpose of any limited remedy.

Should your use of the Helpfreely App™, the Site, this EULA, or other written policies of any kind available on the Helpfreely.org Site result in a claim or cause of action of any kind, the claim or cause of action must be filed within a period of thirty (30) days after the aforementioned was brought to light or it will remain prohibited.

Updates and Support

You understand that although we are not obligated to do so, we may choose to update the Helpfreely App™ at any time, and any such updates shall be considered part of and subject to the terms outlined in this EULA, which may be updated or modified at any time as outlined above. Any such updates shall not imply an obligation on the part of H.F.F. to provide further updates, nor is H.F.F. under obligation to provide any kind of technical support, given that we provide the Helpfreely App™ free of charge. Any technical support that we choose to provide will comply with the standard support policies we have established, and we reserve the right to terminate it at any point, without prior notice, should we see fit.

Electronic Signature

You acknowledge and agree that by checking the "I ACCEPT" box or such similar box, form, or link as may be designated to download and/or install the Helpfreely App™ , you are submitting a legally binding electronic signature and are entering into a legally binding contract. You also understand that, with your electronic submissions, you authorize and accept that you are legally bound by this EULA. In compliance with any relevant regulations, rules, statutes, ordinances, or other laws, which may include, without limitation, the Spanish laws on Electronic Signatures and Information Society Services and Electronic Commerce (Ley Española 59/2003, de 19 de diciembre 2003, de firma electrónica, Ley Española 34/2002, of July 11, de servicios de la sociedad de la información y de comercio electrónico), YOU UNDERSTAND AND HEREBY ACCEPT THE USE OF ELECTRONIC CONTRACTS, SIGNATURES, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTIFICATIONS, POLICIES, AND RECORDS OF TRANSACTIONS STARTED OR CARRIED OUT USING THE HELPFREELY APP™. Additionally, you agree to waive any obligations or rights as may be outlined in any regulations, rules, ordinances, statutes, or other laws in any jurisdiction that may require an original signature or the delivery or collection of non-electronic records, by any non-electronic means.

Indemnification

Should we require, you agree to compensate, defend, and hold H.F.F. free of responsibility, as well as its licensors, Registered Causes, and their respective managers, workers, officers, agents, and representatives free of responsibility for and from any claims, losses, liabilities, penalties, charges, and costs (including reasonable fees and costs from attorney and expert services, as well as any other reasonable litigation costs) that may result from:

General

The full and complete agreement between H.F.F. and you, the End User, regarding use of the Helpfreely App™ consists of this EULA, our Terms of Services, and our Privacy Policy (taking into account any future modifications by Helpfreely.org as allowed in compliance with the terms outlined above). The interpretation or understanding of any term or part of this EULA will not take into account any headings, as they are provided solely for reference. Any failure, on the part of Helpfreely.org, to apply or enforce the application of any right or provision included in this EULA cannot be understood or interpreted as a waiver of any such right or provision. Should any court exercising jurisdiction find any portion of this EULA is to be unenforceable, invalid, or not applicable, the remaining parts of this EULA will continue to be relevant and applicable. Any provision of this EULA found to be unenforceable in a given jurisdiction will remain in full force and effect with respect to all other jurisdictions. Unless granted our prior written permission, you are prohibited from transferring your rights as outlined in this EULA, and any attempt to do so shall be considered void. In the event that a provision must endure beyond the termination of this EULA in order to remain valid as it is defined in this EULA, the aforementioned provision shall outlast said termination.

Governing Law

This EULA shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict-of-laws rules or provisions. You consent to the personal and exclusive jurisdiction and courts sitting located in Las Palmas GC (SPAIN) to resolve any legal matter arising from this EULA

ALL PARTIES AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY WITH REGARD TO ANY SUIT, ACTION, OR PROCEEDING THAT MAY ARISE FROM THIS EULA.