Terms of Use
Last updated: April 20, 2023
This Terms of Service (the "agreement") is made between HayHay Inc. and you, our customer ("you"). It will help you to know your rights and responsibilities that apply to your use of our mobile apps ("our apps" or "our services")
Before accessing or using our app, please read and accept this agreement. If you do not agree to all these terms, you should not use our app. And we are not responsible for the products/services provided by the Third Party through our app, so if you want to use their product/services, you may comply with their terms respectively.
1. Acceptance
Downloading our app, editing photos or videos, playing music or videos, sharing files, casting videos, making a purchase, or otherwise accessing or using our services will constitute your acceptance of this Agreement and consent to contract with us electronically.
We may revise and update this Agreement, in our sole direction. And we will keep you informed that we have updated our terms. If you continue to use our services, it means you accept the updated version of this Agreement.
2. Our Services
We grant you access to our services. You can use our app to take photos, edit photos or videos, play music, play videos, share files, cast videos or any other functionality we may provide.
3. Intellectual Property
All materials available on the Service and all materials and services provided by or through our app, our company’s employees, agents, licensors, or other commercial partners including, but not limited to, software, effect design, fonts, sticker design, music or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Material”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. Except as explicitly provided herein, nothing in this agreement will 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, or create derivative work from any Material. You own the content you created by using HayHay’s Services. HayHay will not have any ownership rights to the content you created. We value intellectual property rights and strive to ensure that our services and products do not infringe on anyone's rights. If you believe that your intellectual property has been infringed, please contact us via email and provide relevant materials, and we will promptly address this issue. Accordingly, you are bound to use our services in a manner that does not infringe on the intellectual property rights of others.
4. Your Responsibilities
In order to use our services and Materials, you must agree to abide by this agreement and the license of other parties. We will not be responsible or liable for any use of your content by us in accordance with these Terms.
5. Payment
1. If you have paid for a subscription, you have access to all paid features and materials for free (including but not limited to stickers, filters, effects, backgrounds, themes, HayHay logo and ads removal).
2. The amounts for each of our products are different, please refer to the actual fee charged. Subscription is billed monthly or annually at the rate corresponding to the selected plan. In addition, a one-time payment will be offered if needed, which is not one of the subscription plans.
3. Payment will be charged to iTunes Account at confirmation of purchase.
4. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
5. Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.
6. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchasing.
7. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
8. Subscriptions can’t be transferred between different systems. This purchase can only be used on iOS.
6. Terms of Termination
The agreement will continue to apply until terminated by either you or HayHay as follows. You may end your legal agreement with HayHay at any time for any reason by discontinuing your use of our apps. We may cease providing you with all or part of the service at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risks or possible legal exposure for us. In all such cases, the Terms shall terminate, including, without limitation, your license to use our apps, except that the following sections shall continue to apply: 3, 5, 7, 8, and 9.
7. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from
- the use, disclosure, or display of the Content you created by using our services;
- your use or inability to use the Service;
- statements or conduct of any third party on the Service;
- or any other matter relating to the Service.
8. Privacy Policy
Protecting your personal information is very important to us. You agree that we will collect, use, store, manage and protect your personal information in accordance with the provisions of this agreement and our app’s privacy policy .
9. Disclaimers and Warranties
1. Unless stated in the Additional Terms, the services and software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the services. We further disclaim any warranty that (A) the services or software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the services or software will be effective, accurate, or reliable; (C) the quality of the services or software will meet your expectations; or (D) any errors or defects in the services or software will be corrected.
2. We specifically disclaim all liability for any actions resulting from your use of any services or software. You may use and access the services or software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any service or software.
3. We are not responsible for the user-generated content that you publicly shared on other websites or social media.
10. Other
1. If any provision of this agreement is invalid due to conflict with applicable laws, these terms will be interpreted as closely as possible to the original purpose of this agreement, and other provisions of this agreement shall still have full effect.
2. If you have a dispute with us, both parties should try their best to resolve it through friendly negotiation. If the negotiation fails, you agree to submit the dispute to the court with jurisdiction in the defendant's domicile to seek a solution.
3. If you have questions about the content of this agreement, or need to give us feedback during use, you can contact us at contact@hayhay.com.vn.