Hilltop Terms of Service

March 2025

These Terms of Service (“ToS”) and our Privacy Policy (both available at https://www.hilltop-app.com/terms) (collectively, the “Agreement”) together constitute the agreement between (“you”) and Hilltop Application Inc. (”Hilltop” or “we”) concerning your use of the Hilltop Connect mobile app (“Hilltop Connect” or the “App”).

YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND THE PRIVACY POLICY; (B) YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) YOU ACCEPT THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APP.

1.     ‌License. Under this Agreement, you may download, install, and use the Hilltop Connect mobile app for your personal, non-commercial use on one or more mobile devices owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these terms and the App’s documentation. The license granted to you under the ToS, Hilltop grants you a limited, non-exclusive, and nontransferable license to use the App to access the Content and Services (as defined in Section 5) provided through the App.

2.     Content and Services. The Hilltop Connect Mobile App may provide you with information about your Elected Representatives or messages from your Elected Representatives (collectively, “Content”) and permit you or others to send messages (“Messages”) to your Elected Representatives (“Services”). Your access to and use of such Content and Services are governed by this Agreement and our Privacy Policy (available at https://hilltop-application.com/terms). To access and use the Content and Services you acknowledge and agree to the ToS and Privacy Policy.

3.     Rules for Communications. You agree to the following rules with respect to your communications with your Elected Representatives:

(a)   You are solely responsible for your own communications with your Elected Representatives through the App, including any information or text included in those messages.

(b)   You agree to use the Service to post and receive communications that are legal and proper.

(c)   You will not use the App to abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others, including the rights of your Elected Representatives and members of their staff.

(d)   You will not impersonate another person, group of people, or entity at any time, including by sending messages through the App using someone else’s account.

(e)   You will not allow any other person to impersonate you using the App.

(f)    You will not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any Hilltop web or mobile application or website, or the website or email servers of an Elected Representative.

(g)   You will not create user accounts under any false or fraudulent pretenses (including by automated means). Fraudulent accounts include, without limitation, accounts that misrepresent the identity of the user, accounts in the names of fictitious users, duplicative accounts for the same user if used for duplicative communications, or a new account for a Banned User as defined in section 11 below.

(h)   You will not engage in any “spamming” of any kind, including without limitation spamming Elected Representatives through the App.

4.     Other Prohibited Uses. You agree that you will not:

(a)   copy the App, except as expressly permitted by this license;

(b)   modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

(c)   reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d)   remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e)   rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time,

(f)    remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App;

(g)   transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service; or

(h)   interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

5.     Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Hilltop and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement (and provided that Hilltop only obtains the rights in Messages and your information as are necessary to provide the Services).

6.     Collection and Use of Your Information. The App will provide you with opportunities to share information about yourself with your Elective Representatives, meaning the elected officials who represent the geographic region or district where you reside, their staff, and other authorized users of the elected official’s Hilltop subscription account. When you download, install, or use the App, Hilltop may collect information about you, your Mobile Device, and your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect from or about you through or in connection with this App (“your information”) is subject to our Hilltop Connect Privacy Policy attached hereto. Except as otherwise permitted hereunder or by the Privacy Policy, Hilltop will not disclose, or permit the disclosure of, your information. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7.     ‌Geographic Restrictions. The Content and Services are based in Washington, District of Columbia, in the United States, and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

8.     Updates. Hilltop may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Hilltop has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a)   the App will automatically download and install all available Updates; or

(b)   you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that Hilltop Connect or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Hilltop Connect and be subject to all terms and conditions of this Agreement.

9.     ‌Third-Party Materials. Hilltop Connect may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including websites of and information about your Elected Representatives (“Third-Party Materials”). You acknowledge and agree that Hilltop is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Hilltop does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

10.  Term and Termination. The term of Agreement commences when you acknowledge your acceptance of this Agreement and download Hilltop Connect, and will continue in effect until terminated by you or Hilltop as set forth in this Section 10.

(a)   You may terminate this Agreement by deleting your account through the App settings and deleting the App and all copies thereof from your Mobile Device(s).

(b)   Hilltop may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(c)   Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device and account.

(d)   Termination will not limit any of Hilltop’s rights or remedies at law or in equity.

11.  Banned Users. Hilltop reserves the right to ban users (the “Banned Users”) for violations of this Agreement, as determined by Hilltop in its sole discretion, by suspending or permanently terminating their access to and use of Hilltop Connect’s communications Services  You agree that in the event that you become a Banned User, you will not use, access, or attempt to use or access the App, or cause others to use the App on your behalf, to contact your Elected Representatives or the Elected Representatives of others until and unless Hilltop knowingly reinstates your access to and use of the App’s communications Services. Banned Users may continue to use the App to access information about their Elected Representatives if so permitted by Hilltop.

12.  Disclaimer of Warranties. HILLTOP CONNECT IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HILLTOP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HILLTOP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT HILLTOP CONNECT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13.  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUT EXCEPT FOR HILLTOP’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL HILLTOP OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE HILLTOP CONNECT OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HILLTOP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14.  Indemnification.

You agree to indemnify, defend, and hold harmless Hilltop and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all third-party losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of Hilltop Connect or your breach of this Agreement, including but not limited to the content your communications through this App.

15.  Export Regulation. Hilltop Connect may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.

16.  Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

17.  Choice of Law. This Agreement is governed by and construed in accordance with the laws of the District of Columbia, United States, without giving effect to any choice its conflicts of law principles.

18.  Mandatory Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before a single arbitrator in Washington, DC, under the rules of the American Arbitration Association in effect at the time of commencement of the arbitration, and the parties agree that the judgment upon the award rendered by the arbitrator shall be final, binding, and may be entered in any court having jurisdiction hereto. BY AGREEING TO MANDATORY ARBITRATION, YOU WAIVE ANY RIGHT TO PURSUE YOUR LEGAL REMEDIES IN COURT. In the event that this mandatory arbitration provision is unenforceable, the parties agree to waive any right to a jury trial. The parties’ duties under this section shall survive the termination of the Agreement.

19.  Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR HILLTOP CONNECT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20.  Entire Agreement. This Agreement, which consists of these Terms of Service and the Privacy Policy, constitutes the entire agreement between you and Hilltop with respect to Hilltop Connect and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

21.  Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other applicable terms, the terms of this Agreement shall govern.