Terms of Use
1. INTRODUCTION
Welcome to HIYAA!
Your use of HIYAA is subject to these Terms of Use (these “Terms”). Thank you for reviewing these Terms – we hope you enjoy using HIYAA.
If you have any questions about, or if you wish to send us any notice in relation to, these Terms, please contact us at help@hiyaa.me.
1.1 Compliance with these Terms
These Terms apply to you if you are a user of HIYAA anywhere in the world.
Please review these terms and our policies and instructions to understand how you can and cannot use HIYAA. You must comply with these Terms in your use of HIYAA and only use HIYAA as permitted by applicable laws and regulations, wherever you may be when you use this software.
If you do not agree to these Terms, you may not use HIYAA and must immediately terminate your use of this software and all services.
1.2 Contracting Entity
By using HIYAA, you are agreeing to be bound by these Terms between you and HIYAA Team (“we”, “our” and “us”).
We may specify in certain of our HIYAA service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of us) in relation to your use of the relevant HIYAA service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant HIYAA service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant HIYAA services or features.
1.3 Service Eligibility
The services of HIYAA are not for use by anyone under the age of 17.
To use the services, you agree that: (i) you must be the “Minimum Age” (described below) or older; and (ii) you are not already restricted by us from using the services provided via HIYAA.
We may change the Minimum Age from time to time based on our sole discretion. Where this is the case, the users of HIYAA who were below the new Minimum Age when they started using the services under previous Terms of Use may continue to use them, as they have already reached the new Minimum Age since then.
“Minimum Age” means 17 years old. However, if applicable law requires that you must be older in order to lawfully use HIYAA without parental consent (including the use of your personal data), then the Minimum Age is such an older age.
If applicable law requires you to obtain the consent from your parent or guardian, then your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use HIYAA.
1.4 Other general terms in relation to these Terms
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
2. ADDITIONAL TERMS AND POLICIES
We offer a diverse range of services and features within HIYAA, so in addition to these Terms, there may be certain additional terms and policies that may be applicable to your use of all or part of HIYAA, as set out in this section and as otherwise notified to you from time to time. These additional Terms of Use and policies all form part of and are incorporated into these Terms.
2.1 HIYAA policies
Besides these Terms, you must also comply with HIYAA Privacy Policy which sets out how we collect, store and use your information in using HIYAA.
2.2 Terms applicable to specific HIYAA features
Some of our services and features may have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms.
2.3 Inconsistencies
To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:
- “Changes to these Terms and HIYAA”;
- “Our Intellectual Property Rights”; and
- “Liability for HIYAA”.
3. CHANGES TO THESE TERMS AND HIYAA
We may make changes to these Terms above from time to time, so please come back and review them.
In addition, as HIYAA and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from HIYAA (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or HIYAA are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use HIYAA after we make any change to these Terms or HIYAA, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.
4. INFRINGEMENT OF RIGHTS
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact help@hiyaa.me.
5. THIRD-PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by HIYAA, including content provided by users of HIYAA or by our advertisers. You acknowledge and agree that by using HIYAA, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from HIYAA by you is at your own risk. Your use of HIYAA does not give you any rights in or to any content you may access or obtain in connection with your use of HIYAA.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, made available, advertised or linked through HIYAA and we will bear no responsibility for your use of or relationship with any such third parties or third-party services.
We may review (but make no commitment to review) content or third-party services made available through HIYAA to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of HIYAA.
There may be, from time to time, third-party content and services on HIYAA that are subject to further terms – for examples, terms from the relevant third-party that originally produced or created such content or service, or terms from the relevant third-party in relation to promotional activities being held on HIYAA. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third-party content and services.
6. ADVERTISING CONTENT ON HIYAA
HIYAA may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in HIYAA.
7. OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to HIYAA (including any future updates, upgrades and new versions to HIYAA), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding HIYAA are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from HIYAA, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from HIYAA, you will first contact us to request the information you need.
We may from time to time provide updates to HIYAA. Such updates may occur automatically or manually. Please note that HIYAA may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of HIYAA, or that such updates will continue to support your device or system.
We may, in our discretion, provide technical support for HIYAA (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
8. USE OF YOUR DEVICE BY HIYAA
In order for us to provide HIYAA to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access HIYAA – for example, we may need to use your device's processor and storage to complete the relevant HIYAA software installation, or use your device's camera and microphone to provide video chat services to you. You agree to give us such access to and use of your device.
You hereby authorize us to collect and use the address books, contact lists, mail box, system application lists, device information, and unique device identifiers (UDID, for example) contained in the Devices to which you have downloaded HIYAA for purposes of your use of the services.
We will provide further information regarding how HIYAA uses and accesses your device within HIYAA or in another manner (e.g. via the relevant app store as part of the installation process for HIYAA on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide HIYAA to you.
You may need an adequate internet connection in order to authentic your HIYAA account or use HIYAA. You may also be required to activate certain functionalities within HIYAA in the manner described within HIYAA. You may not be able to use certain functionalities within HIYAA if you do not comply with such requirements.
Please note that we are not responsible for any third-party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of HIYAA.
9. DOS AND DON’TS
9.1 You agree that you will:
1. comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. strictly follow these Terms; and
3. use HIYAA in a good manner.
9.2 You agree that you won’t:
1. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape HIYAA or otherwise copy profiles and other data from HIYAA;
2. bypass or circumvent any access controls or service use limits;
3. copy, use, disclose or distribute any information obtained from HIYAA, whether directly or through third parties (such as search engines), without our consent;
4. use, disclose or distribute any data obtained in violation of these Terms;
5. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for HIYAA or any related technology that is not open source;
6. monitor HIYAA’s availability, performance or functionality for any competitive purpose;
7. access HIYAA except through the interfaces expressly provided by us, such as its mobile applications;
8. use HIYAA for tasks that it is not intended for;
9. override any security feature of HIYAA; and/or
10. interfere with the operation of, or place an unreasonable load on, HIYAA (e.g., spam, denial of service attack, viruses, gaming algorithms).
10. WARRANTY AND DISCLAIMER
We warrant to you that we will provide HIYAA using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HIYAA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO HIYAA OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY HIYAA, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT HIYAA WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT HIYAA WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT HIYAA WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
11. LIABILITY FOR HIYAA
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR HIYAA, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE HIYAA AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
- IN CONNECTION WITH THESE TERMS OR HIYAA, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF HIYAA; (VI) YOUR USE OF HIYAA IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
- FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
- FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF HIYAA; OR (II) YOUR BREACH OF THESE TERMS.
12. NO LIABILITY FOR THIRD PARTIES
As set out in the “Third-Party Content and Services” sections of these Terms, various third parties may provide certain content, services or software within HIYAA.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH HIYAA, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD-PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN HIYAA.
13. TERMINATION
These Terms will apply to your use of HIYAA until your access to HIYAA is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of HIYAA: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of HIYAA creates risk for us or for other users of HIYAA, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation; (iii) if you fail to use HIYAA for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to HIYAA (in whole or in part), you will immediately permanently delete all copies of HIYAA to which the termination relates and you will immediately cease accessing and using HIYAA.
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the HIYAA Privacy Policy). Where we suspend or terminate all or part of HIYAA, or where your access to HIYAA is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
14. CONTACT US
If you have any questions about our Privacy Policy or any privacy-related matters, please contact us via email at help@hiyaa.me.