Platform Terms of Use

1. Purpose of the Platform

Happy To Deliver provides package receiving, tracking, notification, and delivery services for participating residential apartment communities.

Packages may be received on behalf of residents, recorded in the Platform, and delivered to the applicable resident's apartment unit or another authorized delivery location.

The Platform may allow authorized users to:

• View package and delivery information;
• Receive notifications regarding packages;
• Track package and delivery status;
• Access delivery records;
• Manage authorized resident, property, and operational information; and
• Perform package scanning, tracking, receiving, and delivery functions.

The specific services and functionalities available to each user may depend on the user's role, property, authorization level, and relationship with HTD or a participating property management company.

2. Users of the Platform

The Platform may be accessed by different categories of authorized users, including:

2.1 Property Management Companies

Property management companies and their authorized personnel may provide resident, unit, lease, occupancy, and property information to HTD and may authorize integrations with third-party property management systems.

Property management companies are responsible for ensuring that they have the appropriate rights and authority to provide such information to HTD.

2.2 Operations Personnel

Authorized HTD operations personnel may use the Platform to receive, scan, track, manage, and deliver packages and to record delivery information.

Access for operations personnel may be restricted according to geographic region, city, property, building, role, or other operational requirements established by HTD.

2.3 Residents

Residents of participating residential properties may use the resident portal to receive package notifications, view delivery information, and access records relating to their packages.

The availability of resident functionality may depend on the participating property and the services provided by HTD.

2.4 Administrators

Authorized administrators may manage Platform accounts, properties, users, permissions, operational settings, integrations, and other Platform functions.

Administrative access is limited to authorized personnel and may be monitored for security and operational purposes.

3. Eligibility and Authorized Use

The Platform is intended for use by individuals who are authorized to access it in connection with HTD's services.

By using the Platform, you represent that:

• You are legally capable of entering into these Terms;
• The information you provide is accurate and current;
• You have authority to use the account or access credentials assigned to you;
• You will use the Platform only for lawful and authorized purposes; and
• You will comply with these Terms and applicable laws.

The Platform is not intended for children under thirteen (13) years of age.

4. Account Access and Security

Certain Platform features require users to authenticate using an email address, one-time passcode, or another authentication method implemented by HTD.

Users are responsible for:

• Providing accurate information;
• Protecting their authentication information;
• Keeping access credentials confidential;
• Using only their authorized account;
• Preventing unauthorized persons from accessing their account; and
• Promptly notifying HTD if they suspect unauthorized access, loss of credentials, or other security concerns.

Users may not share their account credentials or permit unauthorized individuals to access the Platform through their account.

HTD may suspend or restrict access when reasonably necessary to protect the Platform, users, property information, resident information, or other data.

5. Role-Based and Location-Based Access

HTD may restrict access to Platform information based on the user's authorized role and geographic or property assignment.

Access restrictions may include, without limitation:

• Region;
• State;
• City;
• Property;
• Building;
• Unit;
• Operational function; or
• Administrative responsibility.

A user may only access information reasonably necessary for the functions authorized by HTD.

Attempting to access information outside a user's authorized scope is prohibited.

6. Acceptable Use

Users agree to use the Platform only for legitimate purposes related to HTD's services.

Users may not:

1. Access information they are not authorized to access;
2. Access another person's account without authorization;
3. Use the Platform to obtain, collect, copy, or disclose personal information without authorization;
4. Circumvent or attempt to circumvent security controls or access restrictions;
5. Modify, interfere with, disable, or disrupt the Platform;
6. Introduce viruses, malware, malicious code, or other harmful material;
7. Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Platform, except where expressly permitted by applicable law;
8. Copy, reproduce, distribute, sell, lease, sublicense, or commercially exploit the Platform without authorization;
9. Use automated systems, bots, scrapers, or similar tools to access the Platform without HTD's written authorization;
10. Use the Platform for fraudulent, unlawful, abusive, deceptive, or misleading purposes;
11. Attempt to gain unauthorized access to HTD's systems, networks, databases, or infrastructure;
12. Use information obtained through the Platform for purposes unrelated to the services for which access was granted; or
13. Use the Platform in any manner that could compromise its security, availability, integrity, or operation.

HTD reserves the right to investigate suspected violations and take appropriate action, including suspension or termination of access.

7. Package and Delivery Information

The Platform may display or store package information, including:

• Carrier information;
• Tracking information;
• Package identification information;
• Scan dates and times;
• Receipt dates and times;
• Delivery dates and times;
• Delivery status;
• Building and unit information;
• Delivery location; and
• Other information necessary to provide package management and delivery services.

HTD may rely on information received from carriers, property management companies, residents, operations personnel, and other authorized sources.

HTD does not guarantee that information originating from third parties will always be complete, accurate, current, or error-free.

8. Proof of Delivery

HTD may create, collect, store, and maintain photographs or other records documenting package delivery.

Proof-of-delivery information may include photographs of:

• Packages;
• Delivery locations;
• Apartment entrances;
• Doors;
• Hallways;
• Common areas; or
• Other areas reasonably necessary to document delivery.

Proof-of-delivery photographs and records are maintained for legitimate operational, security, dispute-resolution, and recordkeeping purposes.

Users may not copy, download, publish, distribute, alter, or otherwise use proof-of-delivery photographs except as authorized by HTD or as necessary to perform an authorized function of the Platform.

9. Third-Party Services and Integrations

The Platform may integrate with or rely upon third-party services and technology providers, including:

• Entrata;
• Yardi, when and if the planned integration becomes available;
• SendGrid;
• Twilio;
• Railway; and
• Tigris.

Certain integrations may require authorization from the applicable property management company.

Third-party services may be governed by their own terms, privacy policies, security practices, and technical requirements.

HTD is not responsible for the independent policies, practices, availability, or performance of third-party services that HTD does not control.

10. SMS and Email Notifications

The Platform may send transactional email and SMS communications regarding:

• Package receipt;
• Package delivery;
• Delivery status;
• Account authentication;
• Security notifications; and
• Other service-related events.

Where required by applicable law or telecommunications requirements, users must provide appropriate consent before receiving SMS communications.

Message frequency may vary depending on package activity, delivery events, account activity, and other Platform activity.

Message and data rates may apply.

Users may opt out of recurring SMS communications by replying STOP to an applicable message.

Users may request assistance by replying HELP.

Additional terms governing SMS communications are contained in HTD's Privacy Policy.

Opting out of SMS communications may prevent a resident from receiving certain package or delivery notifications by text message. Other communication methods may remain available where applicable.

11. User-Provided Information

Users may provide information to HTD through the Platform.

Users represent and warrant that they have the authority to provide information they submit to HTD and that such information is accurate and not knowingly misleading.

Users may not submit information that:

• They do not have the right to provide;
• Is intentionally false or misleading;
• Violates another person's privacy or legal rights; or
• Contains malicious code or other harmful material.

12. Intellectual Property

The Platform and its components, including software, source code, object code, architecture, design, graphics, interfaces, text, documentation, workflows, databases, logos, trademarks, and other proprietary materials, are owned by or licensed to HTD and are protected by applicable intellectual property laws.

Except as expressly authorized by HTD or permitted by applicable law, users may not:

• Copy;
• Reproduce;
• Modify;
• Distribute;
• Publish;
• Sell;
• Lease;
• License;
• Sublicense;
• Reverse engineer; or
• Create derivative works from

the Platform or HTD's proprietary materials.

No license or ownership interest is granted to a user except as expressly stated in these Terms.

13. Privacy

HTD's collection, use, disclosure, retention, and protection of personal information are described in the Happy To Deliver Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

Privacy Policy: https://www.happytodeliver.com/privacy

Users should review the Privacy Policy before using the Platform.

14. Platform Availability and Modifications

HTD will make reasonable efforts to maintain the availability and functionality of the Platform.

However, the Platform may occasionally be unavailable or limited because of:

• Scheduled maintenance;
• Software updates;
• Security measures;
• Technical failures;
• Internet or telecommunications failures;
• Third-party service interruptions;
• Hosting or infrastructure issues;
• Cybersecurity incidents; or
• Circumstances beyond HTD's reasonable control.

HTD may modify, update, suspend, discontinue, or replace any feature or portion of the Platform when reasonably necessary.

HTD does not guarantee uninterrupted or error-free operation of the Platform.

15. Suspension or Termination of Access

HTD may suspend, restrict, or terminate a user's access to the Platform when reasonably necessary, including when:

• The user violates these Terms;
• The user engages in unauthorized or suspicious activity;
• The user's authorization to access the Platform ends;
• The user's relationship with a participating property or HTD ends;
• Access presents a security or privacy risk;
• HTD is required to do so by law; or
• Suspension is reasonably necessary to protect HTD, its users, residents, property management clients, systems, or data.

Where appropriate, HTD may provide notice before terminating access. However, HTD may immediately suspend or restrict access when necessary to address security, privacy, fraud, abuse, or other material risks.

Termination or suspension of access does not automatically require immediate deletion of information where HTD is legally permitted or required to retain such information.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ITS FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

HTD does not warrant or guarantee that:

• The Platform will always be available;
• The Platform will operate without interruptions or errors;
• Information displayed through the Platform will always be complete, accurate, or current;
• Package information received from third parties will be accurate;
• Notifications will always be delivered without delay;
• Packages will always be delivered within a particular timeframe;
• Third-party integrations will always operate without interruption; or
• The Platform will be completely free from security vulnerabilities or technical defects.

Nothing in these Terms is intended to exclude or limit any rights, warranties, or protections that cannot legally be excluded or limited under applicable law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAPPY TO DELIVER LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:

• USE OF OR INABILITY TO USE THE PLATFORM;
• INTERRUPTION OR UNAVAILABILITY OF THE PLATFORM;
• DELAYED OR FAILED NOTIFICATIONS;
• INFORMATION PROVIDED BY THIRD PARTIES;
• THIRD-PARTY SERVICES OR INTEGRATIONS;
• UNAUTHORIZED ACCESS RESULTING FROM A USER'S FAILURE TO PROTECT ACCOUNT CREDENTIALS; OR
• OTHER MATTERS ARISING FROM USE OF THE PLATFORM,

EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR MATTERS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

18. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HAPPY TO DELIVER LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS FROM AND AGAINST CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO:

1. The user's violation of these Terms;
2. The user's unauthorized use of the Platform;
3. The user's misuse of information obtained through the Platform;
4. The user's violation of applicable law;
5. The user's violation of another person's rights; or
6. Information or content submitted by the user without the necessary authorization.

This provision does not require a user to indemnify HTD to the extent prohibited by applicable law.

19. Children's Use

The Platform is not directed to children under thirteen (13) years of age.

HTD does not knowingly collect personal information directly from children under thirteen (13) through the Platform.

If HTD becomes aware that personal information has been collected directly from a child under thirteen without the legally required authorization, HTD may take reasonable steps to delete that information.

20. Changes to These Terms

HTD may update or modify these Terms from time to time.

When material changes are made, HTD may provide notice through the Platform, website, email, or another reasonable method.

The updated Terms will identify the applicable effective date.

Where permitted by applicable law, continued use of the Platform after the effective date of updated Terms constitutes acceptance of the revised Terms.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law principles, except to the extent applicable federal law or mandatory law of another jurisdiction requires otherwise.

22. Dispute Resolution and Venue

Before initiating formal litigation concerning the Platform or these Terms, the parties are encouraged to attempt to resolve the dispute in good faith by providing written notice describing the dispute and allowing a reasonable opportunity to address the matter.

Nothing in this section prevents HTD from seeking immediate judicial or equitable relief when reasonably necessary to protect its confidential information, intellectual property, systems, security, data, or other legally protected interests.

To the extent permitted by applicable law, any court proceeding arising out of or relating to these Terms or the Platform shall be brought in the state or federal courts located in New Jersey.

The parties consent to the jurisdiction of such courts to the extent permitted by law.

23. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, if legally permitted.

The remaining provisions will remain in full force and effect.

24. No Waiver

HTD's failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision or any other provision in the future.

Any waiver must be made in writing by an authorized representative of HTD.

25. Assignment

Users may not assign, transfer, or delegate their rights or obligations under these Terms without HTD's prior written consent.

HTD may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate restructuring, sale of assets, financing, or other business transaction, subject to applicable law.

26. Entire Agreement

These Terms, together with the Privacy Policy and any applicable written agreement governing a specific HTD service or business relationship, constitute the applicable agreement concerning use of the Platform.

Where a separate written agreement between HTD and a property management company governs a specific service, the terms of that agreement will control to the extent of any conflict regarding that specific business relationship.

27. Contact Information

Questions concerning these Terms may be directed to:

Legal / Privacy Contact: hello@happytodeliver.com

Website: www.happytodeliver.com