Terms and Condition
These Terms of Service (the “Terms” or the “Agreement”) govern your access to and use of the services, websites, and mobile applications (the “Services”) offered by Hapimomi (“we,” “us” or the “Company”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. We reserve the right to update or modify these Terms at any time without prior notice to you. If you do not agree, do not use any of the Services. Please read these Terms carefully before using the Services. BY DOWNLOADING THE MOBILE APPLICATION, VISITING THE COMPANY WEBSITE, CREATING AN ACCOUNT ON THE MOBILE APPLICATION OR COMPANY WEBSITE OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and the Company for use of any of the Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Company is intended or created by this Agreement. The Company’s relationship to you is that of an independent contractor, and neither you nor Company is an agent or a partner of the other. The Company will not have, and will not represent to any third party that it has, any authority to act on your behalf.
B. Authorized Use
The Services are available to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms. If you do not qualify as an authorized user 18 years or older, no contract will be formed between you and the Company. The Company relies upon parents or guardians 18 years of age or older to determine if the Services are appropriate for the viewing, access, or participation by such individuals under the age of 18.
As a condition of your use of the Services, you agree to (a) provide the Company with true, accurate, current and complete information as prompted by the Company’s registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You will neither use nor permit others to use your Company account (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) for any illegal or unauthorized purpose; (c) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (d) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If we assign you a user ID and/or password, such information may only be used by you and the members of your household. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
C. The Company’s License to You
Subject to these Terms, the Company gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Services as it is provided to you by the Company.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Company, its users and the public.
D. Your License to the Company
The Services include your ability to upload and share personal information, including calendars, contacts, shopping lists, to-do lists, diary posts and wall posts (collectively, the “Content”) with your family and up to seven of your closest friends (the “Connections”), all of whom you select and designate. By submitting, posting or displaying Content on the Services, you grant the Company a non-exclusive, royalty-free license (with the right to sublicense) to use and display such Content to your Connections. You agree that this license includes the right for the Connections to modify your Content. Additional uses by the Company or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
The Company may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
The Content that you provide will be viewable by your Connections and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
E. Your Responsibilities
By using the Services or uploading Content to the mobile application or Company website, you warrant, represent and agree that you have the right to grant the Company the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party; (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it; (c) infringes any intellectual property right of another or the privacy or publicity rights of another; (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity. The Company reserves the right in its discretion to remove any Content from the Company website or mobile applications, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. The Company will not be responsible or liable for any use of your Content by the Company in accordance with these Terms.
F. No Guarantees
You acknowledge and agree that your access and use of the Services and of the services, tools and products featured on the Company mobile application or website is at your own risk. THE COMPANY MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SERVICES, TOOLS AND PRODUCTS ON THE COMPANY MOBILE APPLICATION OR WEBSITE INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THIS AGREEMENT.
The Company does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Services. The Content does not reflect the views of the Company, its officers, managers, owners, employees, agents, designees or other users. You acknowledge that the Services are a passive conduit and an interactive service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Services, are the sole responsibility of the person from whom such Content originated. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any service provider, the Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any service provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service provider exclusively and do not involve the Company. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You understand that the Company does not control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that the Company has no obligation to screen, preview, monitor or approve any Content. However, the Company reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Services, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Services. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Services.
G. Use of Software
You understand that the Company provides a software service that is in continuous development. You acknowledge and accept that there are certain risks inherent in software development, including errors that may cause loss of data or other unforeseen malfunctions any devices through which you are accessing the Services. If you do not wish to accept these risks, please do not use the Services.
Although we will make our best efforts to correct any errors in our Services, we are NOT OBLIGATED to correct any such errors, correct the effects of any such errors (including but not limited to fixing your device or recovering lost data) or provide any technical support related to your use of the Services.
All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Company or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services
The Company respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact customerservice@Hapimomi.com.
I. Cancellation, Termination or Modification
This Agreement is effective immediately upon your registration on the Company website or mobile application, download of the mobile application or any use of the Services and will remain effective until you cancel your account or until we terminate your account as set forth below. We reserve the right to refuse service to anyone for any reason at any time. We retain the right to suspend or terminate your account and/or refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Services to you if you breach any of these Terms, we are unable to verify or authenticate any information you provide to us to create your Company account, or if we believe that your actions are impermissible or may create legal liability for us.
Termination of the Services for these circumstances results in the deletion of your account and all Content as well as forfeiture of unused Services. The Company may change, suspend or discontinue the Services totally or partially for any reason, at any time, including the availability of any feature on the Company website or mobile application. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
J. Limitation of Liability
We will not be liable for special, incidental, direct, or consequential damages arising out of or in connection with this Agreement, including, but not limited to, interrupted communications, lost data, or lost profits, even if Company has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy in this Agreement. You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Services.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. You will defend, indemnify, and hold Company, its employees, officers, agents, or other partners from and against any third-party claims arising from or in any way related to any Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. If anyone brings a claim against Company related to your actions, data or information on Company, you will indemnify and hold Company harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
L. Notices and Electronic Notices
When you visit the Company website, download the mobile application or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
M. General Provisions
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements or contemporaneous agreements between you and us.
All waivers must be in writing. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other right or provision on any other occasion. If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the state of California. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in the courts of Santa Clara County or the Northern District of California. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to these Terms.
We reserve the right to change, modify, add or remove portions of this Agreement, at any time without prior notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.
Questions about these Terms should be sent to customerservice@Hapimomi.com.
A. Collection of Information
We collect information on our users in various ways, such as, by your voluntary submissions, by your Connections, participation in the Services, from third parties, and through cookie and other tracking technology. We collect the following information: (a) information that tells us specifically who you are, such as your name, phone number, email, address, and possibly information relating to certain support or customer service issues; (b) the Content, which includes the information, text, graphics, or other materials you or your Connections submit through the Services; (c) general, non-personal, statistical information about your use of the Services, such as how many visitors visit a specific page, how long they stay on that page, and which hyperlinks, if any, they click on; (d) third party information; and (e) cookies and other tracking technologies.
B. Use of Information
We use the information we collect in a variety of ways, including: (a) for internal review; (b) to improve the Company website and Services; (c) to optimize third-party offers of products and/or services; (d) to notify you about updates to the Company website and Services; (e) to let you know about products, services, and promotions that you may be interested in; (f) to get reviews and ratings; (g) for our marketing purposes; (h) to fulfill and provide products and services, including personalized or enhanced services, requested by you; and (i) internal business analysis or other business purposes consistent with our mission.
We may also disclose aggregate visitor data in order to describe the use of the Company website and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also provide anonymous demographic and preference information about you, your Connections and the Company’s users to advertisers, service providers and other third parties.
C. Data Security, Integrity, and Access
The security of your personal information is very important to us. The information that you provide and we collect is stored within protected databases that we manage or are managed by third party service providers. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
D. Third Party Websites and Links
You may have cookies placed on your computer by third party websites that refer you to the Company website and Services. Although we do not share your personal information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with personal information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, any time you click on links (including advertising banners), which take you to third party web sites, you will be subject to the third parties’ privacy policies. While we support the protection of your privacy on the Internet, we expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. We do not have control over the privacy policies of advertisers or other third-party websites.