Heya Terms of Service

Last Updated: November 13th, 2014

PLEASE READ THIS DOCUMENT CAREFULLY

WHM Innovations Oy Ltd ("WHM Innovations", "we" or "us") provide and operate the Heya mobile application and related website. By accessing the Heya application or any related website (e.g. www.getheya.com) whether through a mobile application, mobile device or computer (collectively, the "Heya"), you accept these Terms of Service ("Agreement").

1. ACCEPTANCE OF AGREEMENT

This Agreement includes the following documents that you must accept in order to use the Heya:

By using the Heya, you accept this Agreement. If you do not accept this Agreement, you do not have rights to and must not download or use the Heya.

You acknowledge that this Agreement is concluded between WHM Innovations and you only, and not with the mobile device manufacturer or the provider of mobile application market place or any other third party.

2. ELIGIBLE TO USE

You must be at least 16 years old to use the Heya.

By using the Heya, you represent and warrant that you have the right, authority and capacity to enter into this Agreement. If you use the Heya, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

3. LICENSE TO USE

The Heya is licensed, not sold. We grant you a limited, non-exclusive license to access and use the Heya for your own personal and non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. If the mobile device manufacturer or any other third party disables the ability to use the Heya on your devices pursuant to your or our agreement with said third party, any associated license rights will terminate.

We expressly prohibit you to:

All rights not expressly granted to you by us are reserved. We also reserve the right to modify or terminate your access to the service via mobile application or any other device for any reason, without notice, at any time, and without liability to you.

4. PROHIBITED ACTIVITIES AND INAPPROPRIATE USE

When you use the Heya, you may upload your material or content to the Heya service. You are solely liable for the material or content that you have uploaded, submitted or displayed by using the Heya. You shall ensure that any such material or content do not cause any disruption to the Heya service or the availability thereof, be in offence of good moral or the applicable legislation or authority decisions or recommendations, or infringe any intellectual property rights. You agree to comply with all laws, rules and regulations applicable to your use of the Heya.

In using Heya, you must behave in a civil and respectful manner at all times. Further, you will not:

We have a right, but not an obligation, to monitor all conduct and content submitted to Heya. If we notice that such forbidden material, content or behaviour has been conducted, displayed or saved or you otherwise violate terms related to the Heya, we will have a right, in our sole discretion, to remove, block or monitor such material or content and prevent you to use the Heya, without notifying you thereof, and by using whatever measure available.

5. PRIVACY

Your privacy rights are set forth in our Privacy Policy which forms a part of this Agreement. Please review and accept the Privacy Policy. If you do not accept the Privacy Policy, do not use the Heya.

6. REGISTRATION OF ACCOUNT

Before you can start using the Heya, you must create a user account with your Facebook account or possibly with other social media account that is selected by you in the Heya and hence proposed by us in the Heya. By creating your Heya account, you authorize us to access certain information in your Facebook account or other social media accounts selected by you, including information about your Facebook friends or other social media connections and information about your mutual Facebook friends or mutual social media connections with other Heya users. By allowing us to access your Facebook account or other social media account, you expressly acknowledge and agree that we may use and share your name and social media pictures (e.g. Facebook profile picture), as well as the name and profile pictures of your social media connections that are mutual connections with other Heya users in your network or geo-location.

Heya shows Facebook Audience Network Ads in the app. Learn more about Facebook Ads: https://m.facebook.com/ads/ad_choices/

7. TERMINATION OF ACCOUNT

You may disable your account by sending an email to us at support@getheya.com and informing that you wish to disable your account. We may also provide further instructions in the Heya service on how to disable your account. We may also terminate or delete your account at any time without notice, if we believe that you have breached this Agreement, or for any other reason, with or without cause, in our sole discretion. You will not be entitled to any refund or compensation for unused fees of application or in-app purchases. We are not required to disclose the reason for the termination or deletion of your account.

This Agreement (or later versions of this Agreement) will continue to be in full force as long as you are using the Heya or you have a Heya account. Even after the termination of this Agreement, all terms of this Agreement survive such termination, and continue in full force and effect, except for terms that by their nature have expired.

8. DISCLAIMERS

THE HEYA SERVICE AND APPLICATIONS RELATED TO THE HEYA SERVICE ARE LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. WE, MOBILE DEVICE MANUFACTURER, PROVIDER OF APPLICATION MARKET PLACE OR ANY OTHER THIRD PARTY GIVE NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE HEYA SERVICE OR THE HEYA APPLICATION. WE AND ANY THIRD PARTIES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR IN THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATIONS OF THE APPLICATION OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS IN THE APPLICATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY AND CURRENTNESS OF THE HEYA APPLICATION AND THE HEYA SERVICES. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, INFECTED OR UNAVAILABLE, YOU SHALL ASSUME THE ENTIRE COSTS AND DAMAGES ARISING OUT OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICATION UPDATES MAY BE REQUIRED FOR PROPER PERFORMANCE.

YOU ARE LIABLE FOR THE LOSS OR DELAY OF YOUR MATERIAL OR CONTENT OR ANY CHANGES THERETO AS WELL AS FOR ANY CLAIMS OR DISPUTES ARISING OUT OF SUCH MATERIAL OR CONTENT AND THE DAMAGES RELATING TO SUCH MATERIAL AND CONTENT.

WE MAY PROVIDE THIRD PARTY INFORMATION OR CONTENT (E.G. OPINIONS, ADVICE, ADVERTISING, LINKS, STATEMENTS, OFFERS) AVAILABLE THROUGH THE HEYA SERVICES AND THE HEYA APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY CONTENT IS NOT CREATED BY WHM INNOVATIONS NOR ARE ANY PRODUCTS OR SERVICES OFFERED THROUGH IT. YOU ACKNOWLEDGE THAT THE THIRD PARTY CONTENT PROVIDED TO YOU IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT THAT NO GUARANTEES ARE MADE BY WHM INNOVATIONS AS TO ITS ACCURACY, COMPLETENESS OR TIMELINESS. BY USING ANY THIRD PARTY CONTENT, YOU MAY BE RE-DIRECTED TO AN EXTERNAL WEBSITE. IF YOU DECIDE TO VISIT ANY EXTERNAL WEBSITE, YOU DO SO AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO TAKE ALL PROTECTIVE MEASURES TO GUARD AGAINST VIRUSES OR OTHER DESTRUCTIVE ELEMENTS. UNDER NO CIRCUMSTANCES WILL WHM INNOVATIONS OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED BY ANY USERS OR ANY THIRD PARTIES.

9. LIMITATIONS AND EXCLUSION OF REMEDIES AND DAMAGES

TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM US ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE HEYA SERVICE. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES FROM ANY COVERED PARTIES.

THIS SAID LIMITATION APPLIES TO:

IT ALSO APPLIES EVEN IF:

10. INDEMNIFICATION

You will indemnify, defend, and hold us and our affiliates, directors, officers, employees, and agents, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, from and against all third party actions that: (i) arise from your activities on the Heya, (ii) assert a violation by you of any term of this Agreement, or (iii) assert that any content you submitted to the Heya violates any law or infringes any third party right, including any intellectual property or privacy right.

11. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by the laws of Finland, without regard to principles of conflicts of law. Both parties of this Agreement have a right to bring their claim to the District Court of Helsinki, Finland or any other competent District Court in Finland.

If you are a resident of the United States, and the above stated dispute resolution clause (i.e. jurisdiction of Finland) is found invalid, this Agreement and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against WHM Innovations must be resolved exclusively by a court located in San Francisco, California. You also give up your right to participate in a class action or other class proceeding.

12. OTHER PROVISIONS

If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, the remainder of the Agreement shall stay in full force and effect. No failure or delay by WHM Innovations in exercising any right hereunder will not constitute a waiver of any such rights.

All your rights to your profile and contents within your account shall terminate upon your death. We will not transfer your account to any third parties, including your heirs or successors.

13. NOTICES

You accept to receive all communications including notices, agreements, disclosures, or other information from WHM Innovations electronically. WHM Innovations may provide all such communications by email or by posting them on the Heya. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at support@getheya.com and the following address:

WHM Innovations Oy Ltd
Leonkatu 17 C 55
00540 Helsinki
Finland

14. AMENDMENTS

This Agreement may be changed or amended by WHM Innovation at any time. You shall be bound to the new amended Terms of Service amended by WHM Innovations as of the date it is posted. If you do not accept the amended Terms of Service, you have to cease using the Heya and disable your account.