Hayo Terms of Service
Release Date: April 27, 2023
Effective Date: April 27, 2023
Introduction
Thank you for using Hayo products and services (hereinafter referred to as "Hayo", as defined below). In order to use Hayo, you must read and comply with the Hayo Terms of Service (hereinafter referred to as the "Agreement"). Please read each term carefully and fully understand its contents, especially those related to exemption or limitation of liability, restrictions on user rights, application of law and jurisdiction, as well as separate agreements for accessing or using specific services. Terms that limit, exempt, or affect your significant rights may be highlighted in bold for your attention.
If you are under 13 years old, you are not allowed to use Hayo. If you are between 13 and 18 years old (or other age defined as a minor in your jurisdiction), please read this Agreement with your legal guardian and ensure that both you and your legal guardian agree to be bound by this Agreement before using Hayo. If you’re a legal guardian, and you allow your child to use Hayo, then these terms also apply to you and you’re responsible for your child’s activity on Hayo, including purchases made by them.
If you use Hayo and related services in the name of a company, partnership, association, government, or other organization (hereinafter referred to as "your organization"), please make sure that you have obtained the corresponding authorization and recognition that your organization is bound by this Agreement. In such cases, "you" will include your organization.
1 Acknowledgment and Acceptance of the Agreement
1.1 This Agreement is an agreement between you and our company regarding your use of Hayo and related services. "Our company" or "we" refers to NICETALK (HONG KONG) LIMITED and/or its affiliates, located at Unit A1 of Unit A, 11F Success Comm BLDG, 245-251, Hennessy RD, HONG KONG.
1.2 Unless you have fully read, completely understood, and accepted all terms of this Agreement, you are not entitled to use Hayo and related services. Your registration, login, or use of Hayo constitutes your acceptance of this Agreement and makes it a legally binding document between you and our company. If you object to any term of this Agreement, please do not use Hayo and Hayo services.
1.3 You understand and agree that this Agreement also includes other related agreements and rules about Hayo that we may publish from time to time, including the Hayo Privacy Policy, among others. All the aforementioned agreements and rules together constitute an integral part of this Agreement.
2 Changes
2.1 We may make changes to this Agreement from time to time (e.g., for technical improvements or to comply with applicable laws and regulations), so please be sure to check this Agreement regularly.
If we consider such changes to be significant, we will notify you on this page or relevant pages before the changes take effect (to the extent reasonably practicable). Continuing to use Hayo after we make changes to this Agreement indicates your acceptance of the revised agreement.
2.2 As Hayo and user experience continue to develop, we may add, modify, or remove Hayo features or services and/or suspend, interrupt, or terminate part or all of Hayo products or services from time to time. You agree that we may take any such measures at any time. If we consider any change to be reasonably significant, we will notify you through Hayo's website or on this page or relevant pages before the change takes effect (to the extent reasonably practicable).
3 Hayo Products and Services
3.1 Hayo. Hayo means the products and/or services provided by us to users, including but not limited to:
3.1.1 Hayo (domain: www.hayo.com) and any other websites related to Hayo.
3.1.2 Other software, technology, products, content, or services related to Hayo that we license for your use. The actual products and services we provide shall prevail (hereinafter referred to as "Hayo Services").
3.2 You may obtain related client or access Hayo services through pre-installation, downloading within Hayo, licensed third-party platforms or channels, or other methods. If you do not obtain Hayo or use Hayo services (including but not limited to accounts, Hayo coins, client downloads, etc.) through the aforementioned methods or channels, we do not acknowledge their effectiveness, do not guarantee the normal use of such products or services, and will not be responsible for any losses (if any) caused by them. We reserve the right to take measures and pursue responsibility in accordance with Article 9 of this Agreement once such circumstances are discovered, and you will bear any resulting adverse consequences.
3.3 We may develop different versions of software for Hayo on different terminal devices to enhance user experience. You should obtain, download, and install the corresponding version according to the actual device being used.
3.4 In order to better improve user experience and services, Hayo may update its products from time to time (including but not limited to software modifications, upgrades, feature enhancements, development of new services, software replacements, suspension or termination of certain services, hereinafter referred to as "updates"). We reserve the right to update our products without prior notice, or notify you through system prompts, announcements, or in-app messages, among others. In such cases, you have the right to choose whether to accept or reject the updates. If you do not agree or accept the updates, please choose to reject them or stop using the services. Otherwise, your use of the services will be deemed as your acceptance of the updates.
3.5 We grant you a personal, non-transferable, and non-exclusive license to use Hayo only for lawful, personal, and non-commercial purposes.
3.6 All other rights not explicitly granted in this Agreement are reserved by us and our affiliates. We and our affiliates own all rights, title, and interest in and to Hayo and Hayo Services.You must obtain written permission from us before exercising any of these rights. Our failure to exercise any of these rights does not constitute a waiver of that right.
4 Account Registration and Usage Rules
4.1 You need to create a Hayo account to access and use some of Hayo's services. Some services require you to have a Hayo account to use them. We reserve the right to change the account registration method according to product needs.In some cases, you may be required to verify your account or provide additional information.
4.2 You may choose to cancel your Hayo account according to the prescribed process. Once the account is cancelled, it cannot be restored, and we will no longer provide Hayo products and/or services to you, and have no obligation to retain any information related to the account, except as otherwise required by applicable laws and regulations. Please make sure to back up all information or data related to the account before cancelling it.
4.3 If your Hayo account information is inaccurate, untrue, or violates laws, regulations, or the legitimate rights of others, we have the right to refuse registration and take measures and pursue responsibility in accordance with Article 9 of this Agreement depending on the circumstances. Any adverse consequences arising from this shall be borne by you.
4.4 You understand and agree that you are responsible for continuously ensuring the truthfulness, legality, accuracy, and validity of the information you provide. You shall provide timely supplementary updates to the information you provided when changes occur. Otherwise, any adverse consequences arising from this shall be borne by you. We may assume that any communications we’ve received from your account or the associated contact information have been made by you, and that any purchases made using your account were made by you.
4.5 In general, you can browse and modify the information you personally submitted at any time, but in order to protect the security of your account (such as account or password retrieval services), you may not be able to modify the initial registration information and identity information provided during account registration. Please carefully fill in the relevant information.
4.6 You are responsible for the security of your account. The right to use a Hayo account belongs only to the person who initially applied for registration. You may not license, give, lend, rent, transfer, sell, or permit anyone else to enter or use your account in any form violate any applicable law or this Agreement.
4.7 The data and records generated by your use of the Hayo account, including but not limited to login, activity, consumption records, and relevant statistics, are owned by us. We retain certain data from your interactions with us, this data helps us better understand user needs and preferences. In case of disputes, you agree to rely on the data provided by us. Unless otherwise agreed, for data generated by third-party services, including but not limited to login, activity, consumption records, and other product logs or customer service records, etc., it shall comply with the relevant agreements of the third party, and shall be owned by the third party. In case of disputes, you agree to rely on the data provided by the third party.
4.8 You are responsible for taking reasonable measures to ensure the security of your account. If you lose or have your account stolen due to improper safekeeping or use, you will bear the responsibility yourself.
4.9 If you register a Hayo account and/or use Hayo services on behalf of a relevant organization, you should obtain the authorization of the organization and provide corresponding proof. In such cases, the relevant responsibilities and obligations under this Agreement are borne by the organization.
4.10 If you discover that someone has impersonated, stolen or used your account without authorization, you should immediately notify us through the contact information provided in Article 12 of this agreement. Upon receiving your notification, we may take measures such as suspending the login and use of the account depending on the situation. You will be solely responsible for any loss incurred as a result of taking corresponding measures. If you fail to provide valid proof as required, we may refuse your request, and you will be solely responsible for any unfavorable consequences resulting therefrom.
4.11 In order to avoid wasting resources, if you fail to log in to your account promptly after registering or have not logged in to your account continuously for more than one year, we reserve the right to reclaim your registered account. You will be solely responsible for any unfavorable consequences resulting therefrom.
4.12 In order to provide you with the Hayo services, Hayo may need to access and/or use your device(s) used for using the Hayo services in order to provide certain functions. We will provide you with more information on how to use and access your device(s) within Hayo or in other ways. You agree to grant us the permission to access and use your device(s). If you do not grant us the permission to access or use your device(s), Hayo will be unable to provide certain services or functions to you. Any personal information (as defined in the Hayo Privacy Policy) contained in the device(s) used or accessed is subject to the Hayo Privacy Policy.
5 Protection of Personal Information
5.1 Protecting your personal information is a fundamental principle of Hayo. We will collect, use, store, and share your personal information in accordance with this Agreement and the Hayo Privacy Policy. In case of conflict between this agreement and the Hayo Privacy Policy, or in case this agreement does not explicitly regulate the protection of personal information, the content of the Hayo Privacy Policy shall prevail.
5.2 We will take reasonable measures to protect your personal information from unauthorized access, use, or disclosure.
5.3 Except as otherwise required by applicable laws and regulations, we will not disclose your personal information to any organization or individual without your consent.
5.4 If you are a minor aged between 13 and 18 years old (or an age defined as a minor in the jurisdiction where you reside), you should obtain the written consent of your legal guardian before using Hayo. You may not send us any personal information of children under 13 or the applicable age of digital consent.
6 Use Regulations
6.1 You agree to be responsible for any activity under your account. During your use of Hayo, you shall comply with all applicable laws, rules, and regulations of your country or region. In certain jurisdictions, specific requirements may apply to the use of this agreement or the Hayo service. In addition, the laws and regulations applicable to Hayo and this agreement are constantly evolving, so please keep yourself updated on the changes to the laws and regulations applicable to users in other jurisdictions.
6.2 Content Regulations. You understand and agree that any content or behavior created or carried out by you when using your Hayo account or during the use of Hayo must not affect the safety and normal use of other users of Hayo, nor should it interfere with the normal operation of Hayo or infringe on the legitimate rights and interests of other users or third parties. Prohibited content or behavior of Hayo includes but is not limited to the following:
6.2.1 Creation, uploading, copying, publishing, transmitting, sharing, storing, or providing assistance or convenience in creating, uploading, copying, publishing, transmitting, sharing, or storing the following contents:
(1)Violence, criminal, illegal content, including but not limited to violence against others, threats, inducing, inciting or causing violence or bodily harm, terrorist activities, kidnapping, human trafficking, organized crime, incitement or engagement in/attempting to incite any illegal activity, theft, providing illegal goods or services, intentional damage/damage to property, false reporting, fraud/embezzlement or money laundering, violation of consumer protection-related regulations, gambling, etc.
(2) Adult content.
(3)Content related to personal safety, including but not limited to suicide, self-harm, physical exploitation, bullying, harassment, or other behaviors that may cause discomfort or pain to other users.
(4)Offensive or negative content, including but not limited to hate speech relating to race, nationality, religion, gender, sexual orientation, physical or mental disabilities, or negative comments or actions directed towards the above objects, cruel or ruthless content, abusive behavior, pornographic language or behavior, sexual activity, sexual seduction, etc.
(5)Political propaganda content, Political campaigning or lobbying.
(6)False news, false information, incorrect information, false advertising, fraud and security vulnerabilities, including uploading, posting, sending private messages or transmitting in any other way materials containing the aforementioned information, such as advertising letters, promotional materials, spam emails, etc.
(7)Content or behavior prohibited by laws and regulations in the user's jurisdiction, national policies, or this agreement, related agreements, or rules include but are not limited to the following:
6.2.2 Creating, uploading, copying, publishing, transmitting, sharing, storing any contents, or engaging in any behavior that infringes, misappropriates or violates any person’s rights, such as their reputation, image, intellectual property, or trade secrets.
6.2.3 Infringing on personal information or privacy, including but not limited to collecting, editing, selling, transferring, disclosing, or spreading personal information of others through any means or methods without permission, or harassing others in any way.
6.3 Product use regulations. Except as required by law or permitted by the company, you may not engage in any behavior that violates or may violate the company's rights or has a serious adverse impact on Hayo in terms of technology during your use of Hayo, including but not limited to:
6.3.1 Reverse engineering, assembly, compilation, or other means of utilizing the company's intellectual property.
6.3.2 Using any content owned by the company's intellectual property, including but not limited to copying, modifying, selling, renting, reproducing, compiling, publishing, broadcasting, transmitting, licensing, creating mirror sites, or infringing on any of the company's intellectual property in any way.
6.3.3 Copying, modifying, deleting, linking, or creating any derivative work from any data generated during Hayo operation, including system data required for Hayo operation, using plugins, third-party software, systems, tools or services unauthorized by the company to log in or use Hayo, entrusting or assisting others to obtain, save, backup, disclose, or use Hayo data, or creating, publishing, or spreading such tools.
6.3.4 Interfering with Hayo and its components, modules, or data, either independently or by authorizing others to do so, including interfering or disrupting Hayo services or servers connected to or related to Hayo, or interfering or attempting to interfere with other users' use of Hayo.
6.3.5 Intentionally spreading viruses, worms, Trojan horses, damaged files, or other malicious codes or items.
6.3.6 Any other behavior without the express authorization of the company.
6.4 You understand and agree that based on factors such as user experience, operational security, and Hayo policies, we have the right to select service targets, determine Hayo feature settings, determine the objects and scope of function development, data interfaces, and related data disclosures. We reserve the right to suspend or terminate the provision of Hayo services under the following circumstances:
6.4.1 Violating local laws and regulations or this agreement.
6.4.2 Impacting Hayo services.
6.4.3 Presenting security risks.
6.4.4 Behaving similarly to or allowing similar functionality as Hayo, or having a similar interface, style, or user experience that could cause user confusion.
6.5 We may receive various requests from relevant government departments regarding Hayo's operations in the location of operation. If these requests are raised by authorized departments and comply with local legal requirements and procedures, we will process them accordingly.
6.6 You understand and agree to judge the content and information obtained during the use of Hayo and assume all risks arising therefrom.
6.7 You may provide input to Hayo (hereinafter referred to as "Input", as defined below), and receive output generated and returned by Hayo based on the Input (hereinafter referred to as "Output", as defined below). Based on the characteristics of Artificial intelligence and machine learning, use of Hayo and Hayo Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case. We make no guarantees as to the accuracy, completeness, or functionality of any Output, and such content does not represent our attitude or viewpoint.
6.8 We might also provide you with access to other people’s content. You may not use this content without that people’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect our own views. Hayo doesn’t endorse or verify the accuracy or reliability of content shared by other users or people. We cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. We have the right, but not the obligation, to block or remove content at our discretion.
6.9 In the event of any breach of the above mentioned regulations, hayo reserves the right to take appropriate measures against your account and content.
7 Third-Party Content/Links
Hayo or Hayo users may provide, share, or publish links to third-party websites, content, or resources through Hayo. Unless otherwise stated, we cannot control the above content or links and the content they point to. You should exercise caution in accessing and judging such content and assume all risks arising therefrom. We are not responsible for the content or services available from these websites, content or resources. We are not responsible for any losses that you may incur due to your use or reliance on the above content or links. We recommend that you carefully read the terms of service or privacy policy before accessing the above links or content.
8 Intellectual Property Rights and Your Content
8.1 All intellectual property rights related to the software, technology, trademarks, commercial images, slogans, logos, copywriting, materials, website architecture, webpage design, electronic documents, data, information generated during the development, operation, and maintenance of Hayo, and all other content related to Hayo belong to us and do not transfer to users by any usage behavior, except as defined by law.
8.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable, and royalty-free right to use Hayo only in accordance with this agreement and any additional instructions we may provide from time to time regarding the use of Hayo.
8.3 As between the parties and to the extent permitted by applicable law, You own any content you provide, create, upload, copy, publish, transmit, share, or store during your use of Hayo, including but not limited to Input, text, images, videos, audio, animations. Subject to your compliance with this Agreement, we hereby assigns to you all its right, title and interest in and to Output (the above content and Output are collectively referred to as "Your Content" below). You agree to be fully responsible for Your Content, guarantee that Your Content does not violate or infringe upon any applicable laws or regulations, has a legal source, is original or authorized to be used, and does not infringe upon the legitimate rights of others. If Your Content violates any laws, regulations, or the legitimate rights of third parties, you shall bear all responsibility. If the relevant rights holders notify us that Your Content violates their legitimate rights, we have the right to warn you, delete or block Your Content, and hold you accountable.
8.4 You agree to grant us a perpetual, non-exclusive, worldwide, royalty-free, transferrable, sublicensable license, subject to compliance with applicable legal requirements and the Hayo Privacy Policy, to use，store, modify, copy, reproduce, adapt, translate, reformat, compile, create derivative works of, publish, distribute, lease, perform, display, publicily perform, publicly display (if you’ve chosen to make it visible to others), broadcast, monitor, communicate on the internet, and film Your Content, if that content is protected by intellectual property rights.
You understand and agree that we have the right to use Your Content and your data you provide us in various forms of Hayo products and services, including but not limited to websites, software, or other forms of products and applications, for the purpose of providing, maintaining, developing, promoting and improving Hayo and Hayo Services. We will use various security technologies and procedures to establish a comprehensive management system to protect your personal information and data from unauthorized access, use or disclosure.
This license does not affect your ownership of Your Content's intellectual property rights, nor does it affect your exercise of lawful rights over Your Content. However, the intellectual property rights of any derivative works created by us based on Your Content shall belong to us or our authorized third-party licensors, unless prohibited by mandatory provisions of laws and regulations.
8.5 Based on this clause and the functions of Hayo, you grant other Hayo users a non-exclusive license to access and use Your Content within Hayo.
8.6 You agree that we may continue to use Your Content after you stop using Hayo, subject to compliance with this agreement, Hayo Privacy Policy, and applicable laws and regulations. In some cases, we may need to retain or disclose Your Content to comply with applicable laws and regulations, judicial or governmental requests.
8.7 You may not delete, edit, mask, or alter Hayo's copyright notice, trademarks, or other proprietary marks or information.
9 Legal Liability (continued)
9.1 Unless otherwise specified in this agreement, if we discover or receive reports or complaints from others that your content violates the provisions of this agreement, we have the right to verify, delete, and block the relevant content at any time without notice, and depending on the situation, issue warnings, stop displaying or deleting related violations and content, restrict or prohibit all or part of the account's functions, suspend or terminate services, ban or terminate accounts, device bans, and other measures, for which you will be solely responsible for any adverse consequences that result. If such actions cause us any adverse consequences, you shall be responsible for eliminating the impact and compensating for all losses incurred thereby. If your actions result in any claims or demands by third parties, you shall bear all responsibility and compensate us for any losses suffered thereby (if any). In the event that you violate local laws and regulations or the provisions of this agreement, we not only have the right to take appropriate legal action against you but may also have an obligation to report to relevant authorities in accordance with applicable regulations without seeking your consent or prior notice.
9.2 Users who have been subjected to measures for violating this agreement may appeal to us. We will review the appeal and make a reasonable judgment as to whether to change the treatment measures.
9.3 NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. tO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL CUMULATIVE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS ARISING FROM THIS AGREEMENT OR hAYO UNDER ANY CIRCUMSTANCES SHALL NOT EXCEED THE HIGHER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNT PAID BY YOU FOR USING hAYO IN THE SIX MONTHS PRIOR TO YOUR LAST CLAIM (IF ANY); AND (B) 100 US DOLLARS ($100).
9.4 You agree to indemnify and hold our company and its affiliates, officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) arising from (A) your use of Hayo or Hayo Services; or (B) Your Contednt; or (C) your breach of this agreement or violation of applicable law.
10 Disclaimer
10.1 HAYO AND HAYO SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATESMAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO HAYO AND HAYO SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
10.2 We will do our best to provide you with services, ensuring service continuity and security. However, we and our affiliates make no representations, warranties, or promises of any kind regarding Hayo or any content submitted, transmitted, or displayed through Hayo, including but not limited to any representation, warranty, or promise that: (A) Hayo will operate continuously, securely, without error, or without viruses; (B) Hayo will be compatible with your device; or (C) Hayo will be of merchantable quality, fit for a particular purpose, or non-infringing. To the extent permitted by applicable laws and regulations, you waive all implied representations, warranties, and promises.
10.3 You understand and acknowledge that in the process of using Hayo, service interruptions, blockages, or failure to meet your requirements may occur due to force majeure, computer viruses, Trojan horses or other malicious programs, hacker attacks, unstable user or our systems, system, software or equipment failures, user location, user shutdown, improper operation or unauthorized use, unstable servers, Internet congestion, communication line failures, power failures, and any other technical reasons or events that we cannot reasonably control or foresee. In such cases, we will make every effort to handle them in a timely manner. However, the Company and its affiliates shall not be liable for any direct or indirect losses caused to you or any third party within the scope permitted by law. Force majeure refers to objective events that cannot be foreseen, overcome or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms, as well as social events such as wars, riots, and government actions.
10.4 You understand and agree that like most Internet services, Hayo may be affected by factors including but not limited to user factors, service providers, network quality, and social environment. It may also be subject to various security issues, including but not limited to others using user data to harass them, or other software downloaded and installed by users, or other websites accessed containing computer viruses or other malicious programs that threaten the security of user devices, information, and data and affect the normal use of Hayo. Therefore, you should strengthen your awareness of information security and personal information protection, pay attention to strengthening password protection, and avoid adverse effects.
10.5 You understand and agree that we need to regularly or irregularly inspect or maintain Hayo or related equipment. If this causes a reasonable interruption of the service, we will notify you in advance but will not be responsible for any liability incurred.
10.6 You understand and agree that we are not responsible for any losses caused by the quality defects of the following products or services provided by Hayo to users:
10.6.1 Services provided by Hayo to users free of charge;
10.6.2 Any products or services given by Hayo to users as gifts.
10.7 You understand and agree that we will make reasonable commercial efforts to protect the security of your content and data on Hayo, but we cannot provide complete guarantees for this, including but not limited to:
10.7.1 We are not responsible for the deletion or storage failure of your data related to Hayo.
10.7.2 We reserve the right to decide the maximum storage period of individual user data based on actual conditions. Please ensure that you regularly back up your content or related data yourself.
10.8 You understand and agree that using Hayo involves risks that are beyond our control, including but not limited to:
10.8.1 Risks of personal information loss or leakage that may be caused by force majeure.
10.8.2 Any risks caused by your selection of software versions that do not match the terminal devices you use.
10.8.3 The risks and responsibilities that may arise from your content being forwarded, shared, or otherwise disseminated.
10.9 You understand and agree that we may change, terminate, or suspend the Hayo services based on business operations. Where reasonably practicable, we will notify you in advance.
10.10 You understand and agree that after termination of this agreement, we will only retain and use your content or data in accordance with this agreement and the "Hayo Privacy Policy" (if your content contains personal information). Based on the "Hayo Privacy Policy" and applicable laws and regulations in your jurisdiction, if we suspend or terminate all or part of the Hayo services, or if you or the Company terminates your use of the Hayo services, we do not guarantee that any of your content or data will be returned to you, and we may permanently delete your content at any time without notice after the service is terminated.
10.11 You understand and agree that when using Hayo, you may be exposed to risks from network information, including misleading, deceptive, threatening, or defamatory information from others, offensive information, anonymous or false information that infringes the rights of others, illegal information, and accompanying behaviors. We are not responsible for the truthfulness or legality of such information, and we also do not assume any responsibility for any losses incurred by you or third parties as a result.
10.12 We have the right to handle illegal or non-compliant content in accordance with laws, regulations, and this agreement, but this right does not constitute our obligation or promise. We do not guarantee that we can discover illegal or non-compliant behavior first time and handle it effectively in a timely manner.
10.13 In the event of a merger, spin-off, acquisition, or asset transfer, we may transfer assets related to Hayo to third parties or transfer part or all of the Hayo services and related rights and obligations to third parties after notification.
10.14 We are not liable for any unforeseeable, indirect, punitive, incidental, special, or criminal losses or damages, including any loss of use, business interruption, revenue, profit, goodwill, content or data loss or destruction (even if we have been advised of the possibility of such losses).
10.15 This agreement does not limit or exclude any statutory rights you have in your jurisdiction (including any rights under applicable consumer protection regulations), as long as those statutory rights are not excluded or exempted under applicable laws and regulations, notwithstanding any other provisions of this agreement.
11 Applicable Law and Jurisdiction
11.1 The establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (excluding conflict of laws).
11.2 We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against us, you agree to try to resolve the dispute informally by sending us notice at legal@hayo.com of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding.
11.3 If any dispute, controversy, or claim arises between you and us regarding this agreement, including but not limited to the existence, validity, interpretation, breach, or termination of this agreement, it shall be resolved through friendly negotiations first. If the negotiation fails, you agree to submit it to the Hong Kong International Arbitration Center (HKIAC) for final arbitration under the HKIAC's effective Institutional Arbitration Rules during the submission of the "Arbitration Notice". The place of arbitration is Hong Kong, and there will be only one arbitrator. The language used in the arbitration procedure is English.
12 Others
12.1 In accordance with applicable laws and regulations in your jurisdiction, this agreement constitutes the entire agreement between you and us regarding Hayo and the Hayo services. You agree that you will not make any claims against us for any statements that are not clearly specified in this agreement.
12.2 We reserve the right to amend relevant clauses of this agreement from time to time according to applicable laws, regulations, policies, relevant department requirements, or company management needs. You can check the latest agreement in the latest version of Hayo.
12.3 The headings of all terms in this agreement are for convenience only and do not have substantive meaning. They cannot serve as the basis for interpreting the meaning of this agreement.
12.4 If any provision of this agreement becomes invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties. If the relevant arbitration institution determines that we cannot enforce any part of this agreement in the manner originally stipulated in this provision, we may replace that provision with a similar provision within the scope permitted by applicable laws and regulations, while the remaining provisions of this agreement remain unchanged.
12.5 If you have any comments or suggestions about this agreement or Hayo, you can contact us through the following contact information: legal@hayo.com.