HapHelp is designed to assist in increasing the likelihood that an accident, incident, or emergency situation is detected and communicated to relevant contacts or services. The Service is a supplementary aid and does not constitute a guaranteed communication, monitoring, or emergency response system.
As with any device or service reliant on mobile networks (including standard voice calls), the Service cannot guarantee successful transmission, delivery, or response in all circumstances or at all times.
Similar to standard mobile phone calls, SMS, or data services, the functioning of HapHelp depends on network coverage, signal strength, device status, and third-party infrastructure.
HapHelp does not warrant that the Service will operate without interruption, or that any alert, signal, or communication will be successfully sent, received, or actioned on every occasion.
Users acknowledge that no mobile-network-dependent service—including ordinary phone calls—can be guaranteed to connect or deliver 100% of the time, and the same limitation applies to this Service.
The Service relies on the User's device, operating system, and connectivity to third-party telecommunications and internet infrastructure, including Wi-Fi and mobile data networks operated by third parties outside HapHelp's control.
HapHelp is not responsible for interruptions, delays, or failures caused by network unavailability, insufficient signal, exhausted data allowances, carrier outages, or device-related issues (including low battery or device settings such as airplane mode).
The Service is intended to increase the chance of timely discovery or notification in the event of an incident; it is not a substitute for, and must not be relied upon instead of, contacting your local applicable emergency services.
Users facing imminent risk to life or safety must contact emergency services directly.
To the maximum extent permitted by the law applicable in the User's country or region of residence, HapHelp's total liability for any loss or damage arising from or in connection with the Service—including any delay, failure, or non-delivery of an alert or communication—is limited, at HapHelp's option, to the resupply of the Service or the amount paid by the User for the Service in the twelve (12) months preceding the claim.
Nothing in these Terms excludes, restricts, or limits any right, guarantee, warranty, or protection that cannot lawfully be excluded, restricted, or limited under the law of the jurisdiction in which the User resides or in which the Service is provided.
Where such mandatory law applies, this clause operates only to the fullest extent that law permits, and no further.
For Users located in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other Australian law that cannot lawfully be excluded.
The limitation in clause 5.1 does not apply to liability for death or personal injury caused by HapHelp's negligence, to the extent such liability cannot lawfully be excluded or limited under Australian law.
For Users located in the EU or UK, nothing in these Terms affects statutory rights under applicable consumer protection law (including, where applicable, the UK Consumer Rights Act 2015 or equivalent EU consumer protection directives as implemented in the User's member state).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, to the extent such exclusion or limitation is not permitted by law.
For Users located in the United States, some states do not allow the exclusion or limitation of certain damages (including incidental or consequential damages, or liability for gross negligence or wilful misconduct). In such states, HapHelp's liability is limited to the maximum extent permitted by the law of the applicable state.
For Users located elsewhere, the limitation in clause 5.1 applies to the fullest extent permitted under the law of the User's jurisdiction, subject always to any mandatory consumer protection, product liability, or civil liability law that cannot lawfully be excluded or limited in that jurisdiction.
Users are responsible for maintaining a functioning internet or mobile data connection, keeping the application updated, granting permissions required for operation (such as location and notifications), and ensuring their device has adequate charge and is not set to a mode that would prevent normal operation (for example, airplane mode).
To the fullest extent permitted by law, HapHelp will not be liable for any failure, delay, or inadequacy in performing its obligations under these Terms where such failure, delay, or inadequacy arises from circumstances beyond its reasonable control.
Such circumstances include, without limitation:
Where an event described in clause 7.1 occurs, HapHelp's obligations under these Terms will be suspended for the duration of that event, and HapHelp will use reasonable efforts to resume performance as soon as reasonably practicable once the event has ended.
This clause does not limit or exclude any right, guarantee, warranty, or protection that cannot lawfully be excluded, restricted, or limited under the law of the jurisdiction in which the User resides or in which the Service is provided.
Where such mandatory law applies, this clause operates only to the extent that law permits.
For Users located in Australia, nothing in this clause limits or excludes any consumer guarantee, right, or remedy conferred under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other Australian law that cannot lawfully be excluded.
This clause does not apply to the extent it would exclude or limit liability for death or personal injury caused by HapHelp's negligence, where such liability cannot lawfully be excluded or limited under Australian law.
For Users located outside Australia, this clause applies to the fullest extent permitted under the law of the User's jurisdiction, subject always to any mandatory consumer protection, product liability, or civil liability law that cannot lawfully be excluded or limited in that jurisdiction.