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Terms of Use

Last updated: July 30, 2026

These Terms of Use ("Terms") govern your access to and use of the Hum mobile application, the thehumapp.com website, and related services (collectively, the "Services"). The Services are owned and operated by Banyan Way, Inc., located at 12460 Crabapple Road, Suite 202-530, Alpharetta, GA 30004 ("Hum," "we," "us," or "our"). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with Hum based on these Terms and our Privacy Policy, which is hereby incorporated by reference (collectively, the "Agreement"). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services, you agree to be bound by the Agreement.

1. Eligibility

You are responsible for your use of the Services and for any consequences of that use. You may use the Services only if you can form a binding contract with Hum and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. You must be at least 18 years of age to use or access the Services for any reason. Hum does not knowingly permit anyone under 18 to create a profile or use the Services. If you become aware that a person under 18 is using the Services, please contact us immediately at support@thehumapp.com.

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Services are always evolving, and their form and features may change from time to time without prior notice to you. Hum may stop (permanently or temporarily) providing the Services, or any feature within the Services, to you or to users generally, and may not be able to provide prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Hum granting you access to and use of the Services, you agree that Hum and its third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services, whether submitted by you or others.

2. Future Paid Subscriptions

The Services are currently offered free of charge. Hum plans to introduce optional paid subscription tiers in the future ("Premium Features"). If and when Premium Features become available, separate terms governing pricing, billing, automatic renewal, and cancellation will be presented to you before you are charged, and your purchase of any Premium Features will constitute your acceptance of those terms. We reserve the right to change our pricing from time to time at our sole discretion, and any price changes will be prospective only, not retroactive.

When Premium Features launch, the following will apply to every paid subscription, and, where a state grants you a greater right, that greater right will control:

3. Identity Verification

Hum offers a face verification feature designed to help confirm that your profile photos reasonably match the person using the account. Face verification uses Amazon Rekognition, a facial analysis service provided by Amazon Web Services, Inc., to compare a verification photo or video of you, taken at the time of verification, against your profile photos. This process involves the collection and storage of biometric identifiers and biometric information, as further described in Section 7 (Biometric Data: Face Verification) of our Privacy Policy.

Hum does not perform government-issued identification verification, criminal background checks, or other identity checks, and a "verified" badge or status indicates only that your verification photo or video reasonably matched your profile photos at the time of verification. It is not a confirmation of your identity, age, intentions, or background.

4. Privacy

Any information that you provide to Hum is subject to our Privacy Policy, which governs our collection and use of your information. By using the Services, you consent to the collection and use of this information as set forth in the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Hum. As part of providing the Services, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Hum account, and you may not be able to opt out of receiving them.

5. Your Account and Password

You are responsible for safeguarding the password or credentials you use to access the Services and for any activities or actions under your account. We encourage you to use a "strong" password (a combination of upper and lower case letters, numbers, and symbols) for your account and any accounts you connect to it. Hum cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You agree to 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 a name or trademark subject to the rights of another person, without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene.

6. Your Profile and Content

By creating a profile on the Services, you expressly represent that:

By posting content on or through the Services ("Content"), you represent and warrant that: (i) the Content is yours, or you have the right to use it and to grant us the license described in these Terms; and (ii) posting your Content does not violate the privacy, publicity, copyright, contract, or other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain all rights to any Content you submit, post, or display on or through the Services, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content that you or any third party posts. By posting Content using the Services, however, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute that Content on and through the Services, including making it available to other users, who may also use it subject to these Terms.

Hum has the right, but not the obligation, to monitor and edit any Content provided by users. Hum does not verify the accuracy of profile information and does not run background checks on users. Any use of or reliance on information you obtain through the Services is at your own risk. We are not responsible for the actions of our users or your interactions with other users, and we encourage you to use the Services safely and responsibly, including by following the safety tips described in our Community Guidelines. By using the Services, you understand you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases mislabeled or deceptive. Hum is not liable in any way for any content posted, transmitted, or otherwise made available through the Services.

7. Hum's Rights

All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Hum and its licensors. The Services and their content are protected by copyright, trademark, and other laws of the United States and other countries. Hum reserves all rights not expressly granted in these Terms. Any feedback, comments, or suggestions you provide regarding Hum or the Services are entirely voluntary, and we are free to use them as we see fit without obligation to you.

8. Restrictions on Use of the Services

We reserve the right at all times, though we are not obligated to, to suspend or terminate users or reclaim usernames without liability to you. You may not do any of the following while accessing or using the Services:

You agree not to post any content on the Services that:

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to claims that Content posted on the Services infringes the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized to act on one's behalf, and believe that copyrighted work has been copied in a way that constitutes infringement, please submit your claim by email to support@thehumapp.com with the subject line "Copyright Infringement," including a detailed description of the alleged Infringement as set out below under "DMCA Notice and Procedure." You may be held liable for damages, including costs and attorneys' fees, for material misrepresentation or bad-faith claims regarding infringing Content.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

Hum has designated the following agent to receive notifications of claimed copyright infringement:

ATTN: DMCA Designated Agent
Banyan Way, Inc. (d/b/a Hum)
12460 Crabapple Road, Suite 202-530
Alpharetta, GA 30004
Email: support@thehumapp.com
Telephone: available on request by email

Counter-Notification. If your Content was removed or disabled and you believe the removal was the result of mistake or misidentification, you may send our Copyright Agent a written counter-notification containing: your physical or electronic signature; identification of the material removed and the location where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Hum may be found, and that you will accept service of process from the person who submitted the original notice or that person's agent.

Repeat Infringer Policy. In accordance with 17 U.S.C. §512(i), Hum has adopted and reasonably implements a policy providing for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. We record valid infringement notices against the account responsible for the material. An account that accumulates repeated valid notices, and any account we determine has engaged in a pattern of infringement, will be terminated. We may also terminate an account for a single instance of egregious infringement. This policy is in addition to our rights under Section 10 (Ending These Terms).

10. Ending These Terms

These Terms continue to apply until terminated by either you or Hum as follows. You may end your agreement with Hum at any time, for any reason, by deleting your account and discontinuing your use of the Services. You may delete your account at any time from within the app's settings.

We may suspend or terminate your account, or cease providing you with all or part of the Services, at any time for any reason, including if we reasonably believe: (i) you have violated these Terms or the Community Guidelines; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services.

Upon termination, these Terms shall terminate, including your license to use the Services, except for those provisions that by their nature should survive termination. Nothing in this section affects Hum's right to change, limit, or stop providing the Services without prior notice, as described above.

11. Disclaimers, Limitations of Liability, and Indemnity

Please read this section carefully, as it limits the liability of Hum and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Hum Entities"). Each subsection below applies only to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, so the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that cannot lawfully be limited.

A. The Services Are Provided "As Is"

Your access to and use of the Services are at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. THE HUM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Hum Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Hum users; (ii) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm resulting from your access to or use of the Services or any content; (iv) the deletion of, or failure to store or transmit, any content or communications maintained by the Services; and (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, oral or written, obtained from the Hum Entities or through the Services creates any warranty not expressly made in these Terms.

B. Links

The Services may contain links to third-party services or resources. We are not responsible or liable for the availability or accuracy of such services or resources, or for the content, products, or services available from them. Links do not imply endorsement by the Hum Entities. You assume all risk arising from your use of any such services or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HUM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HUM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HUM, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE HUM ENTITIES 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.

D. Indemnification

To the extent not prohibited by law, you agree to indemnify and hold harmless the Hum Entities from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys' fees, related to any third-party claims, charges, or investigations arising from: (1) your failure to comply with these Terms or the Community Guidelines; (2) your interactions with any other Hum user; (3) your sharing of information or images about a third party on or through the Services; and (4) any activity in which you engage on or through the Services.

12. Safety

Hum cares about the safety of our community. We encourage you to review our Community Guidelines and to use common-sense precautions when interacting with other users, including meeting in public places for initial in-person meetings, telling a friend or family member of your plans, and never sending money or financial information to someone you have not met in person. Hum does not conduct criminal background checks on users and cannot guarantee the identity, intentions, or conduct of any user. If you believe you have encountered fraudulent, abusive, or unsafe behavior on the Services, please report it to us at support@thehumapp.com. Our full Safety Policy, including how we handle reports of misconduct, is available at thehumapp.com/safety.

13. State-Specific Safety Disclosures

A. Safety Awareness Notification (All Members)

Hum provides the following safety tips to all members. Please read these carefully before using the Services:

B. New York Members (GBL §394-cc)

If you are a New York member (meaning you registered with a New York billing address or zip code), Hum is required by New York General Business Law §394-cc to provide you the following additional notice:

C. New Jersey Members (NJSA 56:8-169 et seq.)

HUM DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.

If you are a New Jersey member, you are required to acknowledge receipt of this disclosure. By registering with the Services, you confirm that you have received and read this notice.

Hum also provides the following safety awareness notification to New Jersey members:

New Jersey law requires this disclosure to be delivered in two or more forms. In addition to its inclusion in these Terms, this disclosure is also presented as a click-through acknowledgment at registration for members who register with a New Jersey address.

D. Colorado Members (CRS §6-1-731.5)

Colorado law requires Hum to maintain and publish a safety policy governing member safety on the Services. Hum's Safety Policy, adopted in compliance with the Colorado Online Dating Services Safety Act, is available at thehumapp.com/safety. Hum submits its Safety Policy URL and annual safety reports to the Colorado Attorney General's Office as required by CRS §6-1-731.5.

14. General Terms

A. Waiver and Severability

Hum's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

B. Governing Law and Jurisdiction

These Terms and any action related to them will be governed by the laws of the State of Georgia, without regard to its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Fulton County, Georgia, and you consent to the jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.

C. Agreement to Arbitrate Disputes; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Claims this section does not cover. This arbitration agreement does not apply to, and you may bring in court, any claim arising out of alleged sexual assault, sexual harassment, or non-consensual sexual conduct, whether or not that conduct occurred on the Services. You may bring such a claim individually or on a class or collective basis, and the class action waiver below does not apply to it. Nothing in these Terms limits any right you have under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act or any comparable state law. This arbitration agreement also does not apply to claims that qualify for small claims court, or to either party's right to seek injunctive relief in court for infringement or misuse of intellectual property.

Informal resolution first. Before either you or Hum starts an arbitration, the party raising the dispute must send the other a written notice describing the dispute and the relief sought. Send yours to support@thehumapp.com. Both parties agree to try in good faith to resolve the dispute for sixty days after that notice is received. Either party may then begin arbitration. Any applicable limitations period is tolled during that sixty-day window.

Except for disputes that qualify for small claims court, you and Hum agree to resolve any dispute arising out of or relating to these Terms or the Services through final and binding arbitration, instead of in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Fulton County, Georgia, or another mutually agreed location, or, at your election, by telephone or videoconference, or based solely on written submissions. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

YOU AND HUM 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. Unless both you and Hum agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim, or as to a request for a particular form of relief, then that claim or request for relief will be severed from the arbitration and brought in the courts identified in Section 14(B), while the remaining claims will continue in arbitration.

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to support@thehumapp.com within 30 days of the date you first agree to these Terms. Your notice must include your name, the email address associated with your Hum account, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply to you, including Section 14(B) (Governing Law and Jurisdiction). This arbitration agreement does not preclude you or Hum from seeking action in small claims court for disputes or claims within the scope of that court's jurisdiction.

D. Mobile Application Terms

If you access the Services through a mobile application distributed via the Apple App Store or Google Play Store, the following additional terms apply, and in the event of a conflict, these terms will control over any conflicting terms in this Agreement solely as to the matters described below:

E. Entire Agreement

These Terms, the Community Guidelines, our Privacy Policy, and any applicable terms of sale are the entire and exclusive agreement between Hum and you regarding the Services, and supersede any prior agreements between Hum and you regarding the Services. We may revise these Terms from time to time. The most current version will always be available at thehumapp.com/terms. If a revision is material, in our sole discretion, we will notify you by email or through the Services. If you do not wish to be bound by the revised Terms, you must end these Terms as described in Section 10 above. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you have any questions about these Terms, please contact us at support@thehumapp.com.

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