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1. WELCOME
1. Welcome to the Hakko application of HAKKO AI PTE. LTD.. (“HAKKO AI”, “we”, or “us”). We are a company registered in in Singapore with its registered address located at:
120 Robinson Road #13-01 Singapore 068913. We operate services, which we make available through applications available for download on your device, including without limitation the Hakko application (such application, the “App”, and such services collectively, the "Service").
2. YOUR RELATIONSHIP WITH US
1. This document and any documents referred to within it (collectively, the "Terms of Service") explain the terms by which you may use the Service.If you are accessing the Service from the United States, this document shall apply to your use of the Service.
2. Please read these Terms of Service carefully to ensure that you understand them before you use the Service.
3. By accessing or using the Service, you signify that you have read and understood our collection, use and disclosure of your personal information as described in our Privacy Notice, and agree to be bound by these Terms of Service.
4. This is a contract between you and us. You must read and agree to these terms before using the Service. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service. If you do not agree to these Terms of Service, please do not use the Service. These Terms of Service apply to all visitors, users, and others who register for or otherwise access the Service (“Users”). The Service is not available to any Users previously removed from the Service by us.
5. Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms of Service by reference.
3. MEDICAL DISCLAIMER
1. WE ARE NOT A HEALTHCARE OR MEDICAL PROVIDER AND THE SERVICE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL SERVICES OR ADVICE. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR THE RELEVANT EMERGENCY NUMBER IN YOUR JURSIDICTION.
2. THE INFORMATION GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICE SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US.
3. YOU AGREE THAT: (I) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY; (II) WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND ARE NOT A HEALTHCARE PROVIDER; (III) WE ARE NOT YOUR HEALTHCARE PROVIDER AND DO NOT PROVIDE EMERGENCY SERVICES, AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (IV) DATA PROVIDED BY US THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (V) WE AND OUR PERSONNEL ARE NOT LICENSED MEDICAL CARE PROVIDERS AND HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (VI) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (VIII) WE HAVE NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH OR MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE SERVICE; AND, (IX) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE SERVICE.
4. YOU REPRESENT TO US (WHICH REPRESENTATION SHALL BE DEEMED TO BE MADE EACH TIME YOU USE THE SERVICE), THAT YOU ARE NOT USING THE SERVICE OR PARTICIPATING IN ANY OF THE ACTIVITIES OFFERED BY THE SERVICE FOR PURPOSE OF SEEKING MEDICAL ATTENTION.
4. YOUR RIGHT TO USE THE SERVICE
1. Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service in accordance with these Terms of Service. We reserve all rights not expressly granted herein in the Service and Our Content (as defined below). We may terminate this license at any time for any reason or no reason. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.
2. Your right to use the Service, and any content that we make available through the Service, is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
3. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:
1. not to copy, distribute, or disclose any part of the Service, any portion of the Service or content available through the Service, in any medium;
2. not to give or sell or otherwise make available the Service, any portion of the Service or content available through the Service to anybody else;
3. not to change the Service or any portion of the Service or content available through the Service in any way;
4. not to look for or access the code of the Service or any portion of the Service that we have not expressly published publicly for general use.
4. You agree that all confidential information, copyright and other intellectual property rights in the Service belong to us or the people who have licensed those rights to us.
5. You agree that you have no rights in or to the Service other than the right to use them in accordance with these Terms of Service.
6. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
7. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.
5. SERVICE ACCOUNTS
1. Your account gives you access to the Service, including the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
2. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
3. You may control how you interact with the Service by changing the “Settings” in your “Settings” page. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your “Settings” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
6. PAID PORTIONS OF THE SERVICE; SUBSCRIPTIONS
1. Paid Services. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to any pricing and payment terms, as we may update them from time to time. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.
2. Paid Features; Subscription Fees. We may sell subscriptions or premium content through the Service (“Paid Features”), which may be available on an automatically renewing subscription basis (“Subscription Fees”). You do not have to subscribe to Paid Features to use the Service. However, if you do not subscribe to Paid Features, you may be precluded from using certain portions, components, content, features, or resources of our Service. We may make any portion of our Service available on a subscription basis, discontinue subscriptions for Paid Features, or add or amend the Subscription Fees at our sole discretion. Any change to our Subscription Fees shall become effective in the Subscription Term (as defined below) following notice of such change to you as provided in these Terms of Service; provided however, that if we have offered a specific duration and Subscription Fees for your use of the Paid Features, we agree that the Subscription Fees will remain in force for that duration. YOUR SUBSCRIPTION TO THE PAID FEATURES WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDER FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR PAID FEATURES IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION H.5 OF THESE TERMS OF SERVICE.
3. Automatic Billing and Policies. When you purchase Paid Features, you expressly acknowledge and agree that: (1) we and/or our third-party payment processors, including through the Apple App Store and Google Play App Store (together with any similar applications, “App Stores”), are authorized to charge you using a current, valid, accepted payment method at the beginning of each Subscription Term the Subscription Fees for your Paid Features identified in your order, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Paid Features, subject to adjustment in accordance with the terms and conditions of these Terms of Service, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or the Paid Features or your subscription to the Paid Features is suspended, discontinued or terminated in accordance with these Terms of Service. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees for Paid Features in accordance with Section H.2, and changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
4. Cancelling the Service. You may cancel your User account at any time; however, you acknowledge and agree that you may not be refunded any Subscription Fees for your cancellation of your subscription to the Paid Features, including without limitation, for any unused time with your Paid Features. IN THE EVENT THAT WE SUSPEND OR TERMINATE YOUR USER ACCOUNT OR THESE TERMS OF SERVICE FOR YOUR BREACH OF THESE TERMS OF SERVICE, YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND FOR ANY UNUSED TIME ON A SUBSCRIPTION, ANY LICENSE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR FOR ANYTHING ELSE.
5. Offers. You acknowledge and agree that any offers made available through the Service, including without limitation offers for the Paid Features, are subject to change at any time and from time to time.
6. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with us must be accurate, complete, and current. We accept various methods for payments made through the Service and you agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with us at the prices in effect when such charges are incurred. We will not fulfill any monetary transaction interaction without authorization validation of your purchase from your payment method. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
7. INTRODUCTORY OFFERS
1. The Paid Features may start with discounted introductory offers, including a free or discounted trial, to eligible Users (“Introductory Offer”). The duration of the Introductory Offer period of the Paid Features will be specified during sign-up and is intended to allow new and certain former members to try the Service.
2. Introductory Offer eligibility is determined by us at our sole discretion and we may limit eligibility or duration to prevent Introductory Offer abuse. We reserve the right to revoke the Introductory Offer and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Paid Feature are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Paid Feature to determine eligibility. For combinations with other offers, restrictions may apply.
8. USER CONTENT
1. Some functionalities of the Service allow you to provide, share or post content or information such as images, videos, music and comments (collectively, “User Content”).
2. Subject to the licenses granted in these Terms of Service, you retain ownership of any copyright and other rights you may have in the User Content and we claim no ownership rights over User Content created by you. By submitting or posting any User Content, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable, license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing and improving the Service, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed.
3. By submitting or posting User Content on the Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you ensure that (i) you are able to grant us the above license for any third party owned content you include in your User Content; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by us, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You are solely responsible for the User Content and you hereby agree to indemnify and hold us and our employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
4. We do not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge us and our officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by us or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms of Service violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. We act as a passive conduit for User Content and have no obligation to screen or monitor User Content. If we become aware of any User Content that allegedly may not conform to these Terms of Service , we may investigate the allegation and determine in our sole discretion whether to take action in accordance with these Terms of Service . We have no liability or responsibility to Users for performance or nonperformance of such activities.
5. Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Notice which provides information on how we use your personal information.
6. You confirm that your User Content will meet the Rules of Acceptable Use set forth in Section K below. WE HAVE THE ABSOLUTE RIGHT TO MONITOR ANY USER CONTENT AND TO REJECT, REFUSE OR DELETE ANY USER CONTENT WHERE WE THINK THAT IT BREAKS ANY OF THE RULES OF ACCEPTABLE USE AND/OR THIS SECTION. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST US FOR SUCH REMOVAL AND/OR DELETION. WE ARE NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SERVICE OR ANY OTHER SITES OR PLATFORMS.
9. RULES OF ACCEPTABLE USE
1. When using the Service, you must not:
1. copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
2. attempt to circumvent, disable, compromise or otherwise interfere with any security related features of the Service;
3. permit another person to use the Service on your behalf unless such person is authorized by you;
4. use the Service if we have suspended or banned you from using it;
5. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
6. modify, interfere, intercept, disrupt or hack the Service;
7. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
8. collect any data from the Service other than in accordance with these Terms of Service ;
9. transmit spam, chain letters, or other unsolicited email;
10. submit or contribute any information or commentary about another person without that person's permission;
11. use the Service for any commercial solicitation purposes;
12. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
13. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time; or
14. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
2. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
1. immediate, temporary or permanent withdrawal of your right to use our Service;
2. issuing of a warning to you;
3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3. The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.
10. OUR PROPRIETARY RIGHTS
1. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (“Our Content”), and all intellectual property rights related thereto, are the exclusive property of us and our licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Content. Use of Our Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
2. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us 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 on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
11. ENDING OUR RELATIONSHIP
1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
2. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or any other terms and conditions we set for accessing and using the Service including these Terms of Service.
3. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this.
4. If you or we end your use of the Service or we withdraw the Service as described in this Section M, we may delete information we hold about you. You will also lose any rights you have to use the Service or access Our Content. We will not offer you compensation for any losses.
5. The termination of your use of the Service and shall not affect any of your obligations to pay any sums due to us.
6. Nothing in this Section M affects any legal rights you may have under the law of the country in which you reside.
12. PRIVACY AND SECURITY
1. We care about the privacy of our Users. You understand that by using the Service you signify that you have read and understood our collection, use and disclosure of your personal information as described in our Privacy Notice, including that your personal information may be collected, used, transferred to and processed in the United States.
2. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. OUR LIABILITY / RESPONSIBILITY TO YOU
1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT OUR CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
2. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.
5. THIS LIMITATION OF LIABILITY SECTION O APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. RESOLVING DISPUTES
1. If you have a dispute with us relating to the Service, in the first instance, please contact us at feedback@hakko.ai and attempt to resolve the dispute with us informally.
2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute, pursuant to Section W.
15. INDEMNITY
1. You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence, fraud or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
16. UPDATES
1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("Changes to the Service"). These Changes to the Service may affect your past activities on the Service and features that you use ("Service Elements"). Any changes to the Service could involve your Service Elements being deleted or reset. You agree that the terms and conditions of these Terms of Service will apply to all such Changes to the Service.
3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
17. THIRD-PARTY LINKS AND INFORMATION
1. The Service may display, include, make available or contain links to third party content, including data, information, applications, software, products, services or other materials that are not owned or controlled by us ("Third-Party Content"). Your use of this Third-Party Content may be subject to additional terms and conditions imposed by that third party. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms of Service and our Privacy Notice do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
18. CHANGES TO THE DOCUMENTS
1. We may, in our sole discretion, modify, update, or revise these Terms of Service from time to time but the most current version will always be available on the then-current app for the Service. When we change these Terms of Service in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms of Service . Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service . If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our app, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service. We are 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.
19. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU
1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
1. ENTIRE AGREEMENT/SEVERABILITY/Waiver
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
1. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
1. NO WAIVER
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
1. Consent to electronic communications; contact
2. By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Please contact us at feedback@hakko.ai with any questions regarding these Terms of Service.
LAST MODIFIED
These Terms of Service were last modified on Sep 28, 2023.
隐私协议
Hakko
PRIVACY NOTICE
Effective Date: Sep 28, 2023
This Privacy Notice explains how your personal information is collected, used and disclosed by HAKKO AI PTE. LTD.. (“HAKKO AI,” “we,” “us,” or “our”). This Privacy Notice applies to our websites and our mobile apps for iPhone, Windows or Android mobile devices, including the Hakko mobile app and the Consulting Services (defined below) (collectively, the “Services”). By accessing or using the Services, you signify that you have read and understood our collection, storage, use and disclosure of your personal information as described in this Privacy Notice and agree to our Terms of Service.
When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
1. OUR COLLECTION OF PERSONAL INFORMATION
Sometimes we collect personal information automatically when an individual interacts with our Services and sometimes, we collect personal information directly from an individual. At times, we may collect personal information about an individual from other sources and third parties, even before our first direct interaction. For example:
- Information you provide to us directly. If you choose to create an account or otherwise use the Services, we may collect your username (which can be your e-mail address, phone number or Apple ID), password and your gender. We may collect personal information, such as your e-mail address when you provide feedback or otherwise communicate with us. We may also collect personal information, such as your payment method, through our third-party payment processors, including the Apple App Store and Google Play App Store.
- Data collected through the use of the Services. We collect information through your use of the Services, information about how you use the Services, your actions on the Services, and content you post to the Services, including providing feedback through the Hakko app and messages sent to and received from Consultants (if applicable) ( "User Content"). Please remember that HAKKO AI may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Services, you consent to the recording, storage and disclosure of such communications.
- Location Information. We collect information about the city and country in which you are located, and we may approximate your location by your IP Address.
- Information we receive from third parties. From time to time, we may receive information about you from third parties and other users, such as your Apple ID or your billing record. We may also collect information about you that is publicly available.
- Other information. We may collect additional information if you contact us or otherwise interact with us directly, such as by participating in a contest or promotion. We may also collect any communications between you and HAKKO AI, and you and your Consultant (if applicable), and any other information you provide to HAKKO AI.
2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION
As is true of most digital platforms, we and our third-party providers may also collect personal information from an individual’s device, browsing actions and site usage patterns automatically when visiting or interacting with our Services, which may include log data (such as internet protocol (IP) address, UUID, model device model, operating system version, browser type, browser id, the URL entered and the referring page/campaign, date/time of visit, the time spent on our Services and any errors that may occur during the visit to our Services), analytics data (such as the electronic path taken to our Services, through our Services and when exiting our Services, as well as usage and activity on our Services) and location data (such as general geographic location based on the log data we or our third-party providers collect).
We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information.
We use or may use the data collected through cookies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites and online services; (b) provide and monitor the effectiveness of our websites and online services; (c) monitor online usage and activities of our websites and online services; (d) diagnose errors and problems with our websites and online services; (e) otherwise plan for and enhance our online services; and (f) facilitate the purposes identified in the “Our Use of Personal Information” section below.
We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described above.
We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see the “Third Party Data Collection and Online Advertising” section below.
3. OUR USE OF PERSONAL INFORMATION
We may use personal information we collect:
- To operate, maintain, and provide to you the features and functionality of the Services, including provide software updates, product support, product enhancements and other services to you related to the Services;
- To provide you with products or services that you request or in which you express interest;
- To remember your information so you will not have to re-enter it during a subsequent visit; recognize and contact you across multiple devices; provide, improve, test, enhance, update and monitor the Services; or diagnose or fix technology problems;
- To improve, market or promote HAKKO AI’s products and services (including the Services), for research and product development, and to perform analytics;
- To communicate directly with you, such as to send you email messages and push notifications in connection with the Services or your account (e.g., account verification, change or updates to features of the Services, technical and security notices). We may also use your information to permit you to communicate on social media or invite others to join the Services.
- To customize the advertising and content you see;
- To alert you to product upgrades, special offers, updated information and other new products and services offered by HAKKO AI and our third-party partners;
- To respond to comments, questions or requests for customer service;
- To display advertisements, including advertisements from third parties;
- To match you with a Consultant, to process and fulfill any transactions on the Services (including for the Consulting Services), and to provide you with the Consulting Services, if you choose to utilize that feature.
- To address a violation of the Terms of Service, rules, regulations or policies of HAKKO AI relating to the Services;
- To defend, protect or enforce our rights or applicable contracts and agreements;
- To prevent, investigate or provide notice of fraud or unlawful or criminal activity;
- For any other purpose we may describe when you provide the information.
4. OUR DISCLOSURE OF PERSONAL INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Controls” section below.
We may disclose personal information to the following:
- Consultants, if you choose to engage in our Consulting Services. If you request to be matched with a Consultant on the Services, we share the following information with Consultants in order for them to provide you with consulting sessions over chat as part of the Consulting Services: including age, gender and other personal information which users want to share. Further, any data, information and/or content that you disclose, provide or share with Consultants during your chat session will be visible to Consultants. Please do not share any sensitive personal information or content about yourself or others in your chat sessions with Consultants.
- Third parties at your request. For example, you may have the option to share your activities on the Hakko mobile app with your friends through email, text or on various social media sites;
- Other companies and brands owned or controlled by HAKKO AI and other companies owned by or under common ownership as HAKKO AI, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Privacy Notice;
- Third parties with whom we partner to provide contests and sweepstakes, which will usually be identified by name in the Official Rules of the contest or sweepstakes;
- With third party marketing or promotional partners, who may use your information for their own purposes as well as for the benefit of our marketing and promotional activities;
- Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, providing payment processing, providing chat services for communications between users and Consultants, contest fulfilment, web hosting, or providing analytic services;
- The public when you provide feedback or User Content. For example, if you comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our social media pages;
- Other parties in connection with a HAKKO AI transaction, such as a merger, sale of HAKKO AI assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another HAKKO AI entity or third party, or in the event of a bankruptcy or related or similar proceedings;
- Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of the Services; and/or (c) to exercise or protect the rights, property, or personal safety of HAKKO AI , our visitors, or others;
- Your personal information may be disclosed or transferred as required under a law or a regulation.
We may also share information with others in an aggregated or otherwise de-identified form that does not reasonably identify you directly as an individual.
5. YOUR CONTROLS
- How to control your communications preferences: From time to time we may contact you with information about our products and services, including sending you email marketing messages and asking for your feedback on our products and services. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
- Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at feedback@hakko.ai We may not be able to modify or delete your information in all circumstances.
6. THIRD PARTY DATA COLLECTION AND ONLINE ADVERTISING
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider. Please see “Your Choices About Online Ads” below, to learn more about interest-based advertising.
Social Media Widgets and Advertising. Our Services may include social media features, such as the Facebook “Like” button, Pinterest, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
Third Party Partners. The following is a sample of the third-party service partners we work with to provide advertising services. We will strive to update this list if or when we work with new partners which offer you choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
Your Choices About Cookies
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
7. CHILDREN’S PRIVACY
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
8. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.
9. REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at feedback@hakko.ai
10. CHANGES TO OUR PRIVACY NOTICE
We may modify or update this Privacy Notice from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. If you object to any changes, you may close your account. Continuing to use the Services after we publish changes to this Privacy Notice means that you are acknowledging you understand the changes.
11. HOW TO CONTACT US
If you have any questions about this Privacy Notice or other privacy-related matters, please contact us at feedback@hakko.ai
1. Welcome to the Hakko application of HAKKO AI PTE. LTD.. (“HAKKO AI”, “we”, or “us”). We are a company registered in in Singapore with its registered address located at:
120 Robinson Road #13-01 Singapore 068913. We operate services, which we make available through applications available for download on your device, including without limitation the Hakko application (such application, the “App”, and such services collectively, the "Service").
2. YOUR RELATIONSHIP WITH US
1. This document and any documents referred to within it (collectively, the "Terms of Service") explain the terms by which you may use the Service.If you are accessing the Service from the United States, this document shall apply to your use of the Service.
2. Please read these Terms of Service carefully to ensure that you understand them before you use the Service.
3. By accessing or using the Service, you signify that you have read and understood our collection, use and disclosure of your personal information as described in our Privacy Notice, and agree to be bound by these Terms of Service.
4. This is a contract between you and us. You must read and agree to these terms before using the Service. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service. If you do not agree to these Terms of Service, please do not use the Service. These Terms of Service apply to all visitors, users, and others who register for or otherwise access the Service (“Users”). The Service is not available to any Users previously removed from the Service by us.
5. Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms of Service by reference.
3. MEDICAL DISCLAIMER
1. WE ARE NOT A HEALTHCARE OR MEDICAL PROVIDER AND THE SERVICE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL SERVICES OR ADVICE. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR THE RELEVANT EMERGENCY NUMBER IN YOUR JURSIDICTION.
2. THE INFORMATION GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICE SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US.
3. YOU AGREE THAT: (I) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY; (II) WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND ARE NOT A HEALTHCARE PROVIDER; (III) WE ARE NOT YOUR HEALTHCARE PROVIDER AND DO NOT PROVIDE EMERGENCY SERVICES, AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (IV) DATA PROVIDED BY US THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (V) WE AND OUR PERSONNEL ARE NOT LICENSED MEDICAL CARE PROVIDERS AND HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (VI) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (VIII) WE HAVE NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH OR MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE SERVICE; AND, (IX) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE SERVICE.
4. YOU REPRESENT TO US (WHICH REPRESENTATION SHALL BE DEEMED TO BE MADE EACH TIME YOU USE THE SERVICE), THAT YOU ARE NOT USING THE SERVICE OR PARTICIPATING IN ANY OF THE ACTIVITIES OFFERED BY THE SERVICE FOR PURPOSE OF SEEKING MEDICAL ATTENTION.
4. YOUR RIGHT TO USE THE SERVICE
1. Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service in accordance with these Terms of Service. We reserve all rights not expressly granted herein in the Service and Our Content (as defined below). We may terminate this license at any time for any reason or no reason. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.
2. Your right to use the Service, and any content that we make available through the Service, is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
3. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:
1. not to copy, distribute, or disclose any part of the Service, any portion of the Service or content available through the Service, in any medium;
2. not to give or sell or otherwise make available the Service, any portion of the Service or content available through the Service to anybody else;
3. not to change the Service or any portion of the Service or content available through the Service in any way;
4. not to look for or access the code of the Service or any portion of the Service that we have not expressly published publicly for general use.
4. You agree that all confidential information, copyright and other intellectual property rights in the Service belong to us or the people who have licensed those rights to us.
5. You agree that you have no rights in or to the Service other than the right to use them in accordance with these Terms of Service.
6. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
7. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.
5. SERVICE ACCOUNTS
1. Your account gives you access to the Service, including the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
2. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
3. You may control how you interact with the Service by changing the “Settings” in your “Settings” page. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your “Settings” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
6. PAID PORTIONS OF THE SERVICE; SUBSCRIPTIONS
1. Paid Services. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to any pricing and payment terms, as we may update them from time to time. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.
2. Paid Features; Subscription Fees. We may sell subscriptions or premium content through the Service (“Paid Features”), which may be available on an automatically renewing subscription basis (“Subscription Fees”). You do not have to subscribe to Paid Features to use the Service. However, if you do not subscribe to Paid Features, you may be precluded from using certain portions, components, content, features, or resources of our Service. We may make any portion of our Service available on a subscription basis, discontinue subscriptions for Paid Features, or add or amend the Subscription Fees at our sole discretion. Any change to our Subscription Fees shall become effective in the Subscription Term (as defined below) following notice of such change to you as provided in these Terms of Service; provided however, that if we have offered a specific duration and Subscription Fees for your use of the Paid Features, we agree that the Subscription Fees will remain in force for that duration. YOUR SUBSCRIPTION TO THE PAID FEATURES WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDER FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR PAID FEATURES IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION H.5 OF THESE TERMS OF SERVICE.
3. Automatic Billing and Policies. When you purchase Paid Features, you expressly acknowledge and agree that: (1) we and/or our third-party payment processors, including through the Apple App Store and Google Play App Store (together with any similar applications, “App Stores”), are authorized to charge you using a current, valid, accepted payment method at the beginning of each Subscription Term the Subscription Fees for your Paid Features identified in your order, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Paid Features, subject to adjustment in accordance with the terms and conditions of these Terms of Service, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or the Paid Features or your subscription to the Paid Features is suspended, discontinued or terminated in accordance with these Terms of Service. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees for Paid Features in accordance with Section H.2, and changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
4. Cancelling the Service. You may cancel your User account at any time; however, you acknowledge and agree that you may not be refunded any Subscription Fees for your cancellation of your subscription to the Paid Features, including without limitation, for any unused time with your Paid Features. IN THE EVENT THAT WE SUSPEND OR TERMINATE YOUR USER ACCOUNT OR THESE TERMS OF SERVICE FOR YOUR BREACH OF THESE TERMS OF SERVICE, YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND FOR ANY UNUSED TIME ON A SUBSCRIPTION, ANY LICENSE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR FOR ANYTHING ELSE.
5. Offers. You acknowledge and agree that any offers made available through the Service, including without limitation offers for the Paid Features, are subject to change at any time and from time to time.
6. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with us must be accurate, complete, and current. We accept various methods for payments made through the Service and you agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with us at the prices in effect when such charges are incurred. We will not fulfill any monetary transaction interaction without authorization validation of your purchase from your payment method. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
7. INTRODUCTORY OFFERS
1. The Paid Features may start with discounted introductory offers, including a free or discounted trial, to eligible Users (“Introductory Offer”). The duration of the Introductory Offer period of the Paid Features will be specified during sign-up and is intended to allow new and certain former members to try the Service.
2. Introductory Offer eligibility is determined by us at our sole discretion and we may limit eligibility or duration to prevent Introductory Offer abuse. We reserve the right to revoke the Introductory Offer and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Paid Feature are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Paid Feature to determine eligibility. For combinations with other offers, restrictions may apply.
8. USER CONTENT
1. Some functionalities of the Service allow you to provide, share or post content or information such as images, videos, music and comments (collectively, “User Content”).
2. Subject to the licenses granted in these Terms of Service, you retain ownership of any copyright and other rights you may have in the User Content and we claim no ownership rights over User Content created by you. By submitting or posting any User Content, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable, license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing and improving the Service, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed.
3. By submitting or posting User Content on the Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you ensure that (i) you are able to grant us the above license for any third party owned content you include in your User Content; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by us, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You are solely responsible for the User Content and you hereby agree to indemnify and hold us and our employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
4. We do not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge us and our officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by us or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms of Service violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. We act as a passive conduit for User Content and have no obligation to screen or monitor User Content. If we become aware of any User Content that allegedly may not conform to these Terms of Service , we may investigate the allegation and determine in our sole discretion whether to take action in accordance with these Terms of Service . We have no liability or responsibility to Users for performance or nonperformance of such activities.
5. Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Notice which provides information on how we use your personal information.
6. You confirm that your User Content will meet the Rules of Acceptable Use set forth in Section K below. WE HAVE THE ABSOLUTE RIGHT TO MONITOR ANY USER CONTENT AND TO REJECT, REFUSE OR DELETE ANY USER CONTENT WHERE WE THINK THAT IT BREAKS ANY OF THE RULES OF ACCEPTABLE USE AND/OR THIS SECTION. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST US FOR SUCH REMOVAL AND/OR DELETION. WE ARE NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SERVICE OR ANY OTHER SITES OR PLATFORMS.
9. RULES OF ACCEPTABLE USE
1. When using the Service, you must not:
1. copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
2. attempt to circumvent, disable, compromise or otherwise interfere with any security related features of the Service;
3. permit another person to use the Service on your behalf unless such person is authorized by you;
4. use the Service if we have suspended or banned you from using it;
5. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
6. modify, interfere, intercept, disrupt or hack the Service;
7. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
8. collect any data from the Service other than in accordance with these Terms of Service ;
9. transmit spam, chain letters, or other unsolicited email;
10. submit or contribute any information or commentary about another person without that person's permission;
11. use the Service for any commercial solicitation purposes;
12. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
13. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time; or
14. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
2. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
1. immediate, temporary or permanent withdrawal of your right to use our Service;
2. issuing of a warning to you;
3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3. The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.
10. OUR PROPRIETARY RIGHTS
1. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (“Our Content”), and all intellectual property rights related thereto, are the exclusive property of us and our licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Content. Use of Our Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
2. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us 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 on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
11. ENDING OUR RELATIONSHIP
1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
2. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or any other terms and conditions we set for accessing and using the Service including these Terms of Service.
3. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this.
4. If you or we end your use of the Service or we withdraw the Service as described in this Section M, we may delete information we hold about you. You will also lose any rights you have to use the Service or access Our Content. We will not offer you compensation for any losses.
5. The termination of your use of the Service and shall not affect any of your obligations to pay any sums due to us.
6. Nothing in this Section M affects any legal rights you may have under the law of the country in which you reside.
12. PRIVACY AND SECURITY
1. We care about the privacy of our Users. You understand that by using the Service you signify that you have read and understood our collection, use and disclosure of your personal information as described in our Privacy Notice, including that your personal information may be collected, used, transferred to and processed in the United States.
2. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. OUR LIABILITY / RESPONSIBILITY TO YOU
1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT OUR CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
2. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.
5. THIS LIMITATION OF LIABILITY SECTION O APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. RESOLVING DISPUTES
1. If you have a dispute with us relating to the Service, in the first instance, please contact us at feedback@hakko.ai and attempt to resolve the dispute with us informally.
2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute, pursuant to Section W.
15. INDEMNITY
1. You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence, fraud or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
16. UPDATES
1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("Changes to the Service"). These Changes to the Service may affect your past activities on the Service and features that you use ("Service Elements"). Any changes to the Service could involve your Service Elements being deleted or reset. You agree that the terms and conditions of these Terms of Service will apply to all such Changes to the Service.
3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
17. THIRD-PARTY LINKS AND INFORMATION
1. The Service may display, include, make available or contain links to third party content, including data, information, applications, software, products, services or other materials that are not owned or controlled by us ("Third-Party Content"). Your use of this Third-Party Content may be subject to additional terms and conditions imposed by that third party. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms of Service and our Privacy Notice do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
18. CHANGES TO THE DOCUMENTS
1. We may, in our sole discretion, modify, update, or revise these Terms of Service from time to time but the most current version will always be available on the then-current app for the Service. When we change these Terms of Service in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms of Service . Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service . If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our app, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service. We are 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.
19. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU
1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
1. ENTIRE AGREEMENT/SEVERABILITY/Waiver
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
1. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
1. NO WAIVER
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
1. Consent to electronic communications; contact
2. By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Please contact us at feedback@hakko.ai with any questions regarding these Terms of Service.
LAST MODIFIED
These Terms of Service were last modified on Sep 28, 2023.
隐私协议
Hakko
PRIVACY NOTICE
Effective Date: Sep 28, 2023
This Privacy Notice explains how your personal information is collected, used and disclosed by HAKKO AI PTE. LTD.. (“HAKKO AI,” “we,” “us,” or “our”). This Privacy Notice applies to our websites and our mobile apps for iPhone, Windows or Android mobile devices, including the Hakko mobile app and the Consulting Services (defined below) (collectively, the “Services”). By accessing or using the Services, you signify that you have read and understood our collection, storage, use and disclosure of your personal information as described in this Privacy Notice and agree to our Terms of Service.
When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
1. OUR COLLECTION OF PERSONAL INFORMATION
Sometimes we collect personal information automatically when an individual interacts with our Services and sometimes, we collect personal information directly from an individual. At times, we may collect personal information about an individual from other sources and third parties, even before our first direct interaction. For example:
- Information you provide to us directly. If you choose to create an account or otherwise use the Services, we may collect your username (which can be your e-mail address, phone number or Apple ID), password and your gender. We may collect personal information, such as your e-mail address when you provide feedback or otherwise communicate with us. We may also collect personal information, such as your payment method, through our third-party payment processors, including the Apple App Store and Google Play App Store.
- Data collected through the use of the Services. We collect information through your use of the Services, information about how you use the Services, your actions on the Services, and content you post to the Services, including providing feedback through the Hakko app and messages sent to and received from Consultants (if applicable) ( "User Content"). Please remember that HAKKO AI may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Services, you consent to the recording, storage and disclosure of such communications.
- Location Information. We collect information about the city and country in which you are located, and we may approximate your location by your IP Address.
- Information we receive from third parties. From time to time, we may receive information about you from third parties and other users, such as your Apple ID or your billing record. We may also collect information about you that is publicly available.
- Other information. We may collect additional information if you contact us or otherwise interact with us directly, such as by participating in a contest or promotion. We may also collect any communications between you and HAKKO AI, and you and your Consultant (if applicable), and any other information you provide to HAKKO AI.
2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION
As is true of most digital platforms, we and our third-party providers may also collect personal information from an individual’s device, browsing actions and site usage patterns automatically when visiting or interacting with our Services, which may include log data (such as internet protocol (IP) address, UUID, model device model, operating system version, browser type, browser id, the URL entered and the referring page/campaign, date/time of visit, the time spent on our Services and any errors that may occur during the visit to our Services), analytics data (such as the electronic path taken to our Services, through our Services and when exiting our Services, as well as usage and activity on our Services) and location data (such as general geographic location based on the log data we or our third-party providers collect).
We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information.
We use or may use the data collected through cookies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites and online services; (b) provide and monitor the effectiveness of our websites and online services; (c) monitor online usage and activities of our websites and online services; (d) diagnose errors and problems with our websites and online services; (e) otherwise plan for and enhance our online services; and (f) facilitate the purposes identified in the “Our Use of Personal Information” section below.
We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described above.
We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see the “Third Party Data Collection and Online Advertising” section below.
3. OUR USE OF PERSONAL INFORMATION
We may use personal information we collect:
- To operate, maintain, and provide to you the features and functionality of the Services, including provide software updates, product support, product enhancements and other services to you related to the Services;
- To provide you with products or services that you request or in which you express interest;
- To remember your information so you will not have to re-enter it during a subsequent visit; recognize and contact you across multiple devices; provide, improve, test, enhance, update and monitor the Services; or diagnose or fix technology problems;
- To improve, market or promote HAKKO AI’s products and services (including the Services), for research and product development, and to perform analytics;
- To communicate directly with you, such as to send you email messages and push notifications in connection with the Services or your account (e.g., account verification, change or updates to features of the Services, technical and security notices). We may also use your information to permit you to communicate on social media or invite others to join the Services.
- To customize the advertising and content you see;
- To alert you to product upgrades, special offers, updated information and other new products and services offered by HAKKO AI and our third-party partners;
- To respond to comments, questions or requests for customer service;
- To display advertisements, including advertisements from third parties;
- To match you with a Consultant, to process and fulfill any transactions on the Services (including for the Consulting Services), and to provide you with the Consulting Services, if you choose to utilize that feature.
- To address a violation of the Terms of Service, rules, regulations or policies of HAKKO AI relating to the Services;
- To defend, protect or enforce our rights or applicable contracts and agreements;
- To prevent, investigate or provide notice of fraud or unlawful or criminal activity;
- For any other purpose we may describe when you provide the information.
4. OUR DISCLOSURE OF PERSONAL INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Controls” section below.
We may disclose personal information to the following:
- Consultants, if you choose to engage in our Consulting Services. If you request to be matched with a Consultant on the Services, we share the following information with Consultants in order for them to provide you with consulting sessions over chat as part of the Consulting Services: including age, gender and other personal information which users want to share. Further, any data, information and/or content that you disclose, provide or share with Consultants during your chat session will be visible to Consultants. Please do not share any sensitive personal information or content about yourself or others in your chat sessions with Consultants.
- Third parties at your request. For example, you may have the option to share your activities on the Hakko mobile app with your friends through email, text or on various social media sites;
- Other companies and brands owned or controlled by HAKKO AI and other companies owned by or under common ownership as HAKKO AI, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Privacy Notice;
- Third parties with whom we partner to provide contests and sweepstakes, which will usually be identified by name in the Official Rules of the contest or sweepstakes;
- With third party marketing or promotional partners, who may use your information for their own purposes as well as for the benefit of our marketing and promotional activities;
- Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, providing payment processing, providing chat services for communications between users and Consultants, contest fulfilment, web hosting, or providing analytic services;
- The public when you provide feedback or User Content. For example, if you comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our social media pages;
- Other parties in connection with a HAKKO AI transaction, such as a merger, sale of HAKKO AI assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another HAKKO AI entity or third party, or in the event of a bankruptcy or related or similar proceedings;
- Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of the Services; and/or (c) to exercise or protect the rights, property, or personal safety of HAKKO AI , our visitors, or others;
- Your personal information may be disclosed or transferred as required under a law or a regulation.
We may also share information with others in an aggregated or otherwise de-identified form that does not reasonably identify you directly as an individual.
5. YOUR CONTROLS
- How to control your communications preferences: From time to time we may contact you with information about our products and services, including sending you email marketing messages and asking for your feedback on our products and services. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
- Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at feedback@hakko.ai We may not be able to modify or delete your information in all circumstances.
6. THIRD PARTY DATA COLLECTION AND ONLINE ADVERTISING
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider. Please see “Your Choices About Online Ads” below, to learn more about interest-based advertising.
Social Media Widgets and Advertising. Our Services may include social media features, such as the Facebook “Like” button, Pinterest, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
Third Party Partners. The following is a sample of the third-party service partners we work with to provide advertising services. We will strive to update this list if or when we work with new partners which offer you choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
Your Choices About Cookies
If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionalities and features of the Services.
Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
7. CHILDREN’S PRIVACY
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
8. LINKS TO THIRD-PARTY WEBSITES AND SERVICES
Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.
9. REGION-SPECIFIC DISCLOSURES
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at feedback@hakko.ai
10. CHANGES TO OUR PRIVACY NOTICE
We may modify or update this Privacy Notice from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. If you object to any changes, you may close your account. Continuing to use the Services after we publish changes to this Privacy Notice means that you are acknowledging you understand the changes.
11. HOW TO CONTACT US
If you have any questions about this Privacy Notice or other privacy-related matters, please contact us at feedback@hakko.ai