Terms and Conditions
Important legal information please read before using our services:
Each organization that employs HopeRaiser is responsible for adhering to the laws, regulations, and permits applicable in its country or region for conducting such activities. This includes all legal, financial, and regulatory aspects associated with conducting raffle events. HopeRaiser does not handle financial aspects related to fundraising processes nor maintains a direct or labor relationship with the sellers (members or volunteers) who participate in ticket sales. It is the responsibility of the participants in the raffle events to know and trust the sponsoring organization and the ticket seller. HopeRaiser assumes no responsibility in delivering prizes to participants. Furthermore, the selection of raffle winners is not conducted through our platform. The results of the events are based on mechanisms previously agreed upon between the organization and participants at the time of creating the event, so HopeRaiser does not intervene at any time in the selection of winners.
“HopeRaiser is an innovative product of Sitio Uno Inc., a company based in the United States and governed by the laws of this country. While we offer a platform to facilitate the organization of raffle events, we understand that the legality of such activities can vary significantly between different jurisdictions. Users of HopeRaiser should consult with a local attorney to ensure that their event adheres to the regulations and laws applicable in their country before operating our tool. HopeRaiser is not designed to be used in the promotion or management of lotteries, sports betting, gambling, wagering, fraud, misleading advertising, or any other activity related to the game of chance. Our mission is to support the generation of funds for charitable and community causes responsibly and ethically.”
TERMS AND CONDITIONS AGREEMENT
Published: December 14, 2023
Updated: January 05, 2024
Effective Date: January 05, 2024
This document reflects the agreement of the parties regarding the Terms and Conditions of use, and privacy policies of the HopeRaiser application.
By accessing or using the Service, you agree to these Terms, which form a legally binding contract with:
(i) Sitio Uno Inc., a corporation based in Miami, Florida.
Furthermore, by using the HopeRaiser application, you accept these Terms and Conditions and the application’s online Privacy Policy. Each time you use the application, you reaffirm your acceptance of the Terms in effect at that time.
HopeRaiser may change these Terms at any time and at its sole discretion. The modified Terms of Use will become effective immediately after their publication, communicating their modifications to you. You must accept the updates of the new published Terms and Conditions to continue using the application. You are responsible for staying informed of any changes. If you do not wish to be bound by this Terms and Conditions agreement and the Privacy Policies, your only recourse is to stop using the application.
TERM: These Terms will become effective once you register in the application and as long as the contracted service remains valid, and, despite the expiration of the Term, they will remain in effect until they automatically expire and proceed to the deletion of all Customer data by HopeRaiser.
ACCESS CONDITIONS: You must download the application via Google Play Store or App Store. You must create an Account and provide certain information to use some of the features offered through the Service. To use the HopeRaiser application, users must provide certain personal data: first and last name, email address, and phone number.
You are responsible for the security of your account, and you must keep your data safeguarded. HopeRaiser cannot be held responsible, nor will it be, for any loss or damage resulting from your failure to comply with the above conditions.
We ask you to provide the requested data simply when creating an Account. You cannot impersonate another person, provide an email address that is not yours, or transfer your user account to another person without prior approval from HopeRaiser.
Therefore, you must keep your account information up-to-date at all times.
Access to the Account of a Deceased User’s Legacies: HopeRaiser is committed to maintaining the privacy of its users and safeguarding their information stored in their User Account. In the unfortunate case of a user’s death, HopeRaiser will provide access to the legacies created by the deceased owner, to users designated by him, who can access the legacies in the shared legacies section of their account, subject to verification of binding documentation with the user.
USE OF THE SERVICE: We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or dangers, or is otherwise inappropriate.
Subscriptions. We offer various subscription plans, each with different conditions and limitations clarified on our website, specifically in the section https://hoperaiser.app/pricing. Subscription to any of the plans will continue until you cancel it before your billing cycle. You authorize us to automatically charge you the fee for your subscription plan each month.
Promotional Offers. Occasionally, we might make special offers or promotions on subscription plans. HopeRaiser determines the requirements to access the Offer and reserves the right to revoke it if you do not meet the requirements.
If you register with us, you can cancel your account at any time; however, there are no refunds for cancellation. All subscriptions are final and refunds are discretionary and may be considered on a case-by-case basis. In the event that HopeRaiser suspends or terminates your account or these Terms of Service, you understand and agree that you will not receive any refund or exchange for any HopeRaiser Content, any unused time or service on a subscription, any license or subscription fees for any part of the Services, any content or data associated with your account, or for anything else.
SERVICE AVAILABILITY: The Service may be modified, updated, interrupted, suspended, or discontinued at any time, without prior notice or liability. If we modify these Terms of Service, we will post the modification on the Website or in the Application, send you a notice of the modification. We will also update the “Last Updated” date at the top of these Terms of Service. By continuing to access or use the Website or Services after we have posted a modification on the Site or notified you of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Website and the Services. If at any time you find these Terms of Service unacceptable or if you do not agree with these Terms of Service, do not access the Services.
CONTENT: Between you and HopeRaiser, you own your Content. You are responsible for your content, including compliance with laws, rules, and regulations applicable to the jurisdiction of the state where the application operates.
Users should only provide content that they want to share with others within the legacies and Memorials. Assuming all risks associated with shared Content, including the good faith and trust generated in your publications, any risk associated with personal information and/or that you post.
You may expose yourself to liability if, for example, your Content contains false, intentionally misleading, or defamatory material; infringes any rights of deceased persons or third parties, including any material that may violate the rights to honor, privacy, and image of the deceased person. As material that is illegal, such as pornography, or discriminatory, exploits or harms minors; violates or advocates the violation of any law or regulation; or infringes these Terms. HopeRaiser reserves the right to remove such content.
Consider that all content you post may be subject to reporting. We urge you to read our Community Standards to understand the parameters that the content must meet so that it is not subject to reporting.
You represent that you own or have the necessary permissions to use and authorize the use of Your content as described herein, and you declare that you are in full use of your faculties. Likewise, you cannot suggest that your Content is sponsored in any way by HopeRaiser.
PRIVACY POLICY: Risk and Consent. You will provide us with your data at your own risk and consent for it to be processed in the United States.
All data collected through HopeRaiser will relate to your use of the Service, including customer information and business information, and will be stored for the proper provision of service. We care about the privacy of our users. The use and sharing of this data will be specified in the Privacy Policy available at https://hoperaiser.app/policy-privacy/. You consent to your personal data being collected, used, transferred, and processed in the United States.
We collect all data and use integration with our own and third-party AI systems to improve our services. For more information on what data we collect regarding this service, you can access our privacy policy.
By using the application, you acknowledge that your interaction with the site may be recorded for quality control purposes. We have implemented commercially reasonable technical and organizational measures designed to protect your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to HopeRaiser at your own risk.
Security and Access: You must ensure the security and integrity of your account. When you open an account to use or access certain Services or provide us with information in connection with the purchase of a specific subscription or service, you must provide accurate, complete, and current information. You will also be asked to provide an email address. You are entirely responsible for maintaining the confidentiality of your account. You are solely responsible for the activity that occurs on your account. You share access to your documents at your own risk. You must keep your account secure and may not use another person’s account at any time. HopeRaiser will not be responsible for any loss you incur as a result of another person’s use of your account. You may be held liable for the losses incurred by HopeRaiser.
Your(User) Responsibility: The use of our services must comply with our privacy policy, these Terms and Conditions, and any other policy set forth by HopeRaiser for its optimal service. The Content of the services, referring to the content of Memorials, may be protected by intellectual property rights of other users, so, you should not copy, upload, or download such content unless you have the right to do so.
HopeRaiser may analyze your behavior and your content to verify compliance with the conditions set forth in these Terms. Also, we are not responsible for the content that people post and share through our services.
Help Us Protect Your Information. Protect your data, for the proper functioning of the Service and keep your account information up to date. Do not share your account credentials or grant access to your account to others.
User Interaction: You are solely responsible for your interactions with other users of the Services. You are also solely responsible for the content you upload to our servers and, by using our products and services, agree to comply with the rules related to
any content you upload or generate in relation to your HopeRaiser account. We reserve the right, but are not obligated, to monitor disputes and interactions between you and other users. HopeRaiser will have no liability for your interactions with other users, or for any user’s action or inaction.
You may only use our Services in accordance with applicable laws. Finally, to use our services, you must be at least 18 years old if you reside in the United States.
HopeRaiser assumes no responsibility for any Content of the Legacies or Memorials that you or any other user post or send through the Services. You will be solely responsible for your Content and the consequences of posting it, and you agree that we only act as a passive conduit for the online distribution and publication of your Content. You understand and agree that you may be exposed to user Content that is inaccurate, objectionable, inappropriate for children, or unsuitable for your purpose, and you agree that HopeRaiser will not be responsible for any damages you may incur as a result of the Content.
HopeRaiser hires a data validation service, so you commit to using real and reliable information when using HopeRaiser. In case you use false or erroneous information, you agree to pay an additional fee for the use and entry of such information.
INTELLECTUAL PROPERTY: We respect the intellectual property of others and request that you do the same. Sitio Uno, Inc. owns or has all the rights and develops all the confidential information and intellectual property related to the HopeRaiser service, including patents, trademarks, website content, designs, processing techniques, procedures, algorithms, and any updates, changes, alterations, modifications, or derivative works of such intellectual property.
We own the Content of HopeRaiser, including, but not limited to, visual interfaces, interactive features, graphics, software design, algorithms, developments, inventions, patent applications, laboratory notebooks, processes, formulas, engineering designs and drawings, agreements with third parties, manuals, and diagrams.
We also possess the copyrights, registered service marks, trade names, and other intellectual and property rights worldwide associated with the Content and Service of HopeRaiser, which are protected by copyright, commercial image, patent, trademark, and all other applicable intellectual and property rights and laws.
Consequently, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative or adaptive works from, publicly display, or use or exploit in any way the Content of HopeRaiser in whole or in part. Except as expressly and unambiguously stated herein, no explicit or implicit rights are granted to you, and all rights to the Service and Content of HopeRaiser are retained.
Additionally, the Visitor may not use the trademarks, patents, designs, copyrights in any way, including advertisements, displays, or press releases, without the prior written consent of HopeRaiser.
You may choose to submit feedback or ideas about the Services, or we may invite you to do so, including, among others, how to improve the Services or our products. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restrictions and will not place HopeRaiser under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the idea in a non-confidential or other manner to any person.
Limited License: HopeRaiser grants you a limited license. Subject to compliance with these Terms and Conditions of Service, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Services as designed and set forth in these Terms and Conditions of Service. Sitio Uno Inc reserves all rights not expressly granted herein over the Services and Content of HopeRaiser. Sitio Uno Inc may terminate this license at any time for any reason or no reason.
Subject to the other provisions of these Terms and Conditions of Service, HopeRaiser grants you permission to upload documents and information from any unique and independent mobile device, specifically for your personal, informational, and non-commercial use. This permission terminates automatically without notice if you breach any of the Terms or Conditions of this Agreement. Any unauthorized use of documents or files uploaded to the Legacy; or through the Services of HopeRaiser that may violate copyright laws, trademark laws, privacy and publicity laws, and communication regulations and statutes will be sufficient cause for breach of this agreement, with the opportunity to decide whether the cause of breach may be claimed before the competent authority.
Third-Party Service: The Services may contain links to other platforms that HopeRaiser does not own or control. HopeRaiser does not endorse or assume any responsibility for such third-party service platforms. Therefore, you expressly exempt HopeRaiser from any liability arising from your use of any third-party website, service, or content.
PROHIBITIONS:
The following is a list of the types of conduct that are improper in the application. HopeRaiser reserves the right to investigate and take appropriate legal actions against anyone who, in its sole discretion, engages in any such activities. These include, but are not limited to, the following:
- Copying, distributing, or disclosing any part of the Services in any medium;
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
- Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Services;
- Impersonating another person or misrepresenting your affiliation with a person or entity, committing fraud, hiding, or attempting to hide your identity;
- Interfering with the proper functioning of the Services;
- Assigning any content of the Services through any technology or means other than those provided or authorized by the Services;
- Using the application for any purpose that violates local laws or regulations.
INDEMNIFICATION: You agree to defend, indemnify, and hold harmless HopeRaiser and its agents, licensors, managers, employees, and contractors from and against each and every claim, damage, obligation, loss, liability, cost, or debt, and expense (including, but not limited to, attorney’s fees) arising from:
(i) Your use and access to the Services, including any data or content transmitted or received by you;
(ii) Your violation of any term of these Terms of Service, including, but not limited to, your breach of any of the representations and warranties above;
(iii) Your violation of any rights of a third party, including, but not limited to, any privacy, publicity, or intellectual property rights;
(iv) Your violation of any law, rule, or regulation of the United States or any other country;
(v) Any claim or damages that arise as a result of your User Content or any that is submitted via your account; or
(vi) The access and use of the Services by any other party with your username, or other appropriate security code.
TERMINATION: HopeRaiser may terminate your access to your Account at any time, with or without cause, at its sole discretion, whenever it considers the use given to the application to be unacceptable, or in the case of any breach by you of this Agreement. HopeRaiser may, but is not obligated to, provide you with a warning prior to the termination of your use of the application.
Once the service is terminated, all rights and obligations of the parties will cease immediately.
LIMITATION OF LIABILITY: The HopeRaiser app is not a legal firm, and it does not provide legal advice or recommendations on testamentary services. Therefore, its use does not create any linkage with a lawyer-user. HopeRaiser strives to provide a completely automated service, and in the event that you need help, you will receive a step-by-step guide for the proper use of the Service. The materials and services offered do not replace the advice of a lawyer; therefore, we are not responsible for the content, whether legal or not, that you store in your Account.
Our Services do not replace the advice of a lawyer, and if you need legal advice for your specific matter, you should consult a licensed attorney in your area. You represent yourself and will represent yourself in any matter you undertake using our Services.
To ensure optimal service, we will ensure that the credentials of all professionals providing their service on HopeRaiser are valid and meet our quality requirements. Even so, we are not responsible for any incorrect or inappropriate advice given by other professionals in the application. In such a case, do not hesitate to contact us to comply with the appropriate protocols.
Law changes and varies from jurisdiction to jurisdiction and may be subject to interpretation by different courts. Law is a personal matter, and no general information or tool like the one we provide can fit all circumstances.
The entities of Sitio Uno Inc, its agents, representatives, and service providers, will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the HopeRaiser app or any other claim related in any way to your use. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, data loss, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the entities of Sitio Uno Inc, its agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the entities of Sitio Uno Inc, its agents, representatives, and service providers shall be limited to the extent permitted by law.
We have no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
(i) Your Legacy Content, Memorial Content, and the use thereof, as contemplated in these Terms and Conditions of Service, will not violate any law or infringe any rights of third parties, including but not limited to intellectual property rights and privacy rights.
(ii) To the best of your knowledge and belief, all your User Content, Memorial Content, and other information you provide to us are truthful and accurate.
(iii) You agree that any User Content or Memorial Content you post will not violate or infringe the rights of third parties of any kind, including but not limited to Intellectual Property Rights, publicity, and privacy rights.
(iv) You acknowledge and agree that any Memorial Content you post may be displayed. HopeRaiser grants a limited, non-transferable, royalty-free license to display your content in the app.
(v) We may communicate with you, including by phone or email, using the contact information you provide to us, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes.
(vi) You may not assign or transfer these Terms and Conditions, in whole or in part, without the prior written consent of HopeRaiser.
You represent and warrant that you will not authorize or induce any other party to:
i. Attempt to generate queries, conversions, ad clicks, or other automated, fraudulent, or invalid actions.
ii. Use any trademark or service mark of HopeRaiser in any manner without prior written consent; or misrepresent your identity or affiliation with any person in relation to HopeRaiser.
You agree that:
i. You have read and understood the guidelines set forth in this Terms and Conditions Agreement.
ii. You have read and understood the privacy policy.
iii. You guarantee that you will not encourage or participate in the use of the HopeRaiser service to violate these Terms and Conditions.
You can send us any suggestions, reports, faults, documents, or proposals to our email address: support@hoperaiser.app. By doing so, you agree:
i. Your Feedback does not contain confidential or proprietary information of third parties.
ii. We have no obligation of confidentiality, express or implied, with respect to the Feedback.
iii. We may have something similar to the Feedback already under consideration or in development.
iv. We are under no obligation to review, consider, or implement the Feedback, or to return all or part of the Feedback to you.
v. You grant us an irrevocable, non-exclusive, royalty-free, and transferable right to use, modify, prepare derivative works, publish, distribute the Feedback, and you irrevocably waive and cause to be waived against HopeRaiser and its users any claims and assertions of any moral rights contained in such Feedback.
ADDITIONAL STATEMENTS: Notwithstanding any provision to the contrary in this Agreement, to the extent of any conflict or inconsistency between these Terms and the remaining terms of other Agreements, these Terms shall prevail. You are informed that the service and its content are available to you “as is,” “with all faults,” and “as available,” with the express understanding that the entities of HopeRaiser cannot monitor, control, or verify third-party content.
- Use of the service is at your own discretion and risk. The entities of HopeRaiser, therefore, are not liable to you for any personal injury, loss, or damage that may arise, for example, from the non-operation of the service or misuse of the service.
- No information, whether oral or written, obtained through our services will create any warranty not expressly stated herein. Without limiting the foregoing, HopeRaiser and its licensors do not warrant that the content is accurate, reliable, or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components.
- HopeRaiser does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our services, or any website or service with hyperlinks. And we will not be part or monitor any transaction between you and third-party providers of products or services.
- The entities of HopeRaiser are not liable to you for any personal injury, loss, or damage that may arise from the actions or omissions of third parties, including, for example, if another user or company misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers mentioned or featured in the service. Your purchase and use of products or services offered by third parties through the service is at your own discretion and risk.
- We reserve the right to change or discontinue Services and features. We may, without notice, change the Services; stop providing the Services or features of the Services, or create limits for the Services. We may terminate or suspend your access to the Services permanently or temporarily without notice and liability for any reason, even if, in our sole discretion, you violate any provision of these Terms of Service, or for no reason at all. Upon termination for any reason or no reason, you continue to be subject to these Terms of Service. Any data, account history, and account content residing on servers running the Services may be deleted, altered, moved, or transferred at any time and for any reason at the sole discretion of HopeRaiser, with or without notice and without any liability of any kind. The Services of HopeRaiser are intended for users in the United States. The Services are controlled and operated from the United States. HopeRaiser does not guarantee that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so on their own initiative and are entirely responsible for compliance with all applicable local laws and regulations. Unless explicitly stated otherwise, all materials found on the Services are intended solely for natural persons.
APPLICABLE LAW AND COMPETENT JURISDICTION
Territorial Application: Any controversy directly or indirectly related to this contract between the client, visitors, and HopeRaiser, will be resolved through binding arbitration in accordance with the laws of the United States where HopeRaiser’s services were requested, in the capital city of the State, in English, by an arbitrator from the arbitration jurisdiction to which the parties expressly agree to submit.
You acknowledge and agree that both you and HopeRaiser waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and HopeRaiser agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person, and may not preside over any form of class or representative proceeding.
Arbitration Regulation and Applicable Law: Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Notifications / Notification Procedures: HopeRaiser may provide you with notifications, whether such notifications are required by law or are for marketing or other business-related purposes, via email notice, through your mobile device, or within the App itself, written notice or printed copy, or by visibly posting such notice on our website, as determined by HopeRaiser in our sole discretion. HopeRaiser reserves the right to determine the form and means of providing notifications to our users. HopeRaiser is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend adding support@hoperaiser.app to your email address book to ensure you receive our email notifications.
You may notify HopeRaiser by written communication to the address listed in the “Contact Us” section of the web portal. If the written notification is sent to another address, it will not be valid.
Severability: This is our complete agreement, and if any part is found invalid, the remaining provisions are valid. This Agreement, along with any amendments and any additional agreements you may enter into with HopeRaiser in connection with the Service, shall constitute the entire agreement between you and HopeRaiser regarding the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.