Terms and conditions

The Hioosh Terms of Use (the “Terms”) is a contract between you and Hioosh, which is why you should take a moment to read the Terms before using the Hioosh application (the “Application” or “Hioosh”) because, by accessing, viewing or using the Application, you will be legally bound by these Terms.

Please note that if you subscribe to Services for a term (the “Initial Term”), the term of your subscription will automatically renew for additional periods of the same duration as the initial term purchased, unless you cancel your subscription in accordance with Article 5 below.

The provisions of Article 13 of the Conditions provide for the means of presentation of complaints between you and Hioosh.

1. TERMS OF USE OF HIOOSH

Before you can use the Application, you must create an account (“Account”). In order to proceed with the creation, you must:

  • be at least 18 years old or the age of majority to legally enter into a contract under the laws of your country of origin; and
  • be legally entitled to use the Application under the laws of your country of residence.

You can create an Account manually or via Facebook. By creating an Account, you authorize Hioosh to access, display and use certain information from your Facebook account (e.g.: profile photos, dating status, location and information about your friends on Facebook). For any information on how Hioosh uses your information, simply refer to the Hioosh Privacy Policy. By using the Application, you acknowledge that Hioosh may collect and use your data and information in accordance with the Privacy Policy.

Hioosh does not authorize the use of another person’s Account or the sharing of your Account with another person without authorization.

If you feel the need to exit the Application, you can delete your Account at any time by going to the Settings page while logged in and clicking Delete my Account. Your Account will be deleted immediately, but it may take some time for your Content (defined below) to be completely deleted. Your profile information will be treated in accordance with the Privacy Policy. If you delete your Account and try to create a new account during this period using the same credentials, the Account will be reactivated.

Hioosh uses a combination of automated systems and a team of moderators to monitor and review accounts and posts with content indicating a violation of the Terms. Hioosh reserves the right, in its sole discretion, to terminate or suspend any Account, restrict access to the Application, or use any operational, technological, legal or other means available to comply with the Terms (including, without limitation, blocking specific IP addresses), at any time without liability and without notice. Without limiting the foregoing in any way, Hioosh expressly reserves the right to terminate or suspend your Account without notice in the following circumstances:

  • in the event of violation of the Conditions,
  • due to your conduct on the Application, or your conduct with other users of the Application (including your “offline” conduct), if Hioosh, in its sole discretion, determines that your conduct was inappropriate,
  • if Hioosh, in its sole discretion, determines that your conduct on other applications operated by our affiliates was inappropriate,
  • if for any reason, Hioosh believes, in its sole discretion, that your termination is justified. If your Account is terminated or suspended, you agree not to receive a refund for any paid services or features you have already been billed for.

You may not access, modify, or use non-public areas of the Application or its systems. Certain parts of the Application may not be accessible if you have not created an account.

2. CONTENT TYPES

There are three types of content that you can access on the Application:

  1. content that you upload and provide (“Your Content”);
  2. content provided by members (“Member Content”); And
  3. content provided by Hioosh (including but not limited to databases and/or software) (“Our Content”).

Some content is not acceptable on Hioosh.

Users are free to express themselves as much as possible and post all kinds of content on Hioosh; however, any content that:

  • contains language or images that may be considered offensive or likely to harass, upset, embarrass, worry or inconvenience any other person (including, without limitation, language considered to discriminate against origins, skin color, ethnicity, nationality, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
  • is obscene, pornographic, violent or may violate human dignity (including, without limitation, language considered discriminatory against origins, skin color, ethnicity, nationality, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including, without limitation, language considered discriminatory against origins, skin color, ethnicity, nationality, religion, disability, sexual orientation, gender
    expression, gender identity or physical appearance);
  • encourages any illegal activity, including, without limitation, terrorism, incitement to hatred or the submission of which in itself constitutes a criminal offense;
  • is defamatory;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of junk mail or “spam”;
  • contains spyware, adware, viruses, corrupted files, malware designed to interrupt, damage or limit the functionality of or disrupt any software, hardware items, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongfully intercept or expropriate data or personal information originating from Hioosh or otherwise;
  • itself, or whose publication infringes the rights of any third party (including, without limitation, intellectual property rights and rights of privacy);
  • shows another person and which was created or distributed without the consent of that person;
  • is harmful to minors; Or
  • impersonates any other person, including falsely stating your name.

Hioosh has a zero-tolerance policy for this type of content.

2.1. YOUR CONTENT

You agree that Your Content complies with our code of conduct guidelines and their updates. Given the uniqueness of Your Content, you are responsible for it, and you will indemnify, defend and hold us harmless from any claims relating to Your Content.

You must not share any personal contact information or banking details on your individual profile page, whether your own or those of any third party (for example, names, addresses or postcodes, telephone numbers, email addresses -email, URL, credit/debit card numbers or other banking information). Choosing to communicate personal information about you to other users, whether through the Application, by email or by any other means, is your own responsibility. Hioosh urges you to exercise the same caution you would in other circumstances when disclosing personal information to third parties online.

Hioosh is a public community and as such, Your Content will be immediately visible to other users of the Application around the world so make sure, before putting it online, that you only share Content that you endorse. As such, you agree that Your Content may be viewed by other users and anyone visiting or participating in or to whom a link to the Application has been sent (e.g. persons who receive a link to a user’s profile or content shared by other Hioosh users). By uploading Your Content to Hioosh, you represent and warrant that you have all rights and authorizations necessary to do so and automatically grant Hioosh a non-exclusive, free transferable, international license to use Your Content in any way (including and without limitations, accommodation, publishing, dissemination, copying, modification, adaptation, translation, reformatting, creation of derivative works, integration with other works, advertising, distribution or other form of updating provision of this Content to the
public, in whole or in part, and in any format or medium now known or which will be developed in the future). Hioosh is authorized to assign and/or sublicense the above license to our affiliates and assigns, without further approval from you. This license terminates when Your Content is deleted
from our systems. You can delete your Content individually or all at once by deleting your Account.

Hioosh has no obligation to store Your Content. If it’s important, you should make a copy.

In order for Hioosh to prevent unauthorized use of Your Content by other members or third parties outside of Hioosh, you authorize us to act on your behalf with respect to such unlawful and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices on your behalf if your content is taken and used by third parties outside of Hioosh.

2.2. USER CONTENT

Other Hioosh users also share content on the Application. User Content belongs to the user who posted that content. It is stored on Hioosh servers and published on the Application as required by the user providing this Content.

You have no rights in relation to the Content of other users and you may only use the personal information of other users of Hioosh to the extent that your use corresponds to the purpose of Hioosh which is to allow users to meet other people. You may not use other user’s information for commercial purposes, to spam, harass, stalk or threaten them. We reserve the right to terminate your Account if you misuse other users’ information.

2.3. OUR CONTENT

The rest of the Content on Hioosh belongs to Hioosh. Other text, content, graphics, user interfaces, trademarks, logos, sounds, illustrations or any other intellectual property on Hioosh, as well as the Hioosh software and its databases, are controlled and authorized by Hioosh, of which they are the property, and are protected by copyright, trademark and other rights arising from intellectual property laws. All right, title, and interest in and to our Content remains ours at all time.

We grant you a non-exclusive, limited, personal, non-transferable, and revocable right to access and
use our Content, without giving you the right to sublicense it, subject to the following conditions:

  1. you must not use, sell, modify, or distribute our Content except as permitted by the functionality of the Application;
  2. you must not use our name in meta elements, keywords and/or hidden text;
  3. you must not create derivative works of our Content or disable, modify, analyze or otherwise engage in commercial exploitation of our Content, in whole or in part, in any way;
  4. you must only use our Content as permitted by law.

We reserve ourselves all other rights.

No obligation to pre-screen Content.

Hioosh is an online community and attempts to avoid embarrassing you and therefore undertakes no obligation to pre-screen all of your or any other member’s Content. However, there may be times when Hioosh needs to intervene, and reserves the right to review, pre-screen, refuse and/or remove any Member Content and your Content, including content exchanged between users in direct messages.

3. CONTACTS AND FRIENDS

In order to interact with your friends on the Services, Hioosh will ask you for permission to access your contacts. This will allow you to add friends who already use our services and invite other people from your contacts who have not yet joined. Keep in mind that your carrier may charge you for sending text messages when you invite friends, depending on your data plan.

4. NETWORK

Any User, once their Account has been validated, can invite third parties to register on the Application and act as a “trusted third party” by appearing as a common relationship with other Users (the “mutual loved ones”), all of the Relatives in common constituting the User’s Network (“Network”). The User acknowledges and accepts that mutual loved ones are searched among his contacts as well as the contacts of mutual loved ones.

The User therefore expressly authorizes Hioosh to search for people who are Users who are members of the Application in their contact list attached to the email address and/or social network account used during their registration and to contact them, by any means deemed useful, to offer them the opportunity to join its Network. Any User expressly authorizes Hioosh to collect their email address when searching for mutual loved ones in the contacts of another User and to contact them for the purposes of notifying a request to add to their Network, by any means deemed useful by Hioosh. The User acknowledges and accepts that notifications of addition to the Network are sent directly by Hioosh to their contacts. Any mutual loved ones contacted by Hioosh has the possibility, at their free choice:

  • to agree to appear in the User’s Network;
  • ignore the request;

The User acknowledges and accepts that he cannot access the list of Users who ignored the relationship request.

5. RESTRICTIONS ON THE APPLICATION

You agree to:

  • comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements ; And
  • use your real name and mention your real age when you create your profile use the services in a professional manner.

You agree not to:

  • act in an illegal or unprofessional manner, including being dishonest, abusive or discriminatory;
  • misrepresent your identity, age, current or previous employment, qualifications or affiliations with a person or entity;
  • disclose information that you do not have authorization to disclose; stalk or harass any other user of the application;
  • create or operate a pyramid scheme, fraud or any other similar practice, or;
  • develop, support or use any software, devices, scripts, bots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to extract or exfiltrate from Hioosh or its Services, or copy profiles and other data from the Services.

Hioosh prohibits bad behavior in the Hioosh community. You can report abuse or complain about Member Content by contacting us, describing the abuse and/or complaint. You can also report a user directly from a profile or from a conversation by clicking on the Block and report link. We reserve ourselves the right to investigate possible violations of these Terms, any user of Hioosh or the rights of any third party, and Hioosh may, in our sole discretion, immediately terminate any user’s right to
use the Application without notice, as set forth in Section 1 above, and/or remove any content posted by Hioosh members on the Application that is deemed inappropriate or violates the rights of others.

Hioosh has no control over the actions or words of users, so you are solely responsible for your interactions with other members of the Application.

HIOOSH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. HIOOSH ALSO DOES NOT INVESTIGATE THE PAST OF ITS USERS OR VERIFY THE STATEMENTS OF ITS USERS. HIOOSH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USER OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. HIOOSH RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL OR OTHER BACKGROUND CHECKS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

You agree to and release Hioosh and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death and property damage, that arise directly or indirectly from your interactions or the conduct of other users of the Application.

The reproduction of all or part of the Application without the prior consent of Hioosh is expressly prohibited. This includes through any means (automated or otherwise) other than our currently available published interfaces unless you have been specifically authorized to do so by a separate agreement with Hioosh.

6. CONFIDENTIALITY

For more information on how Hioosh collects, uses, and shares your personal data, please see the Privacy Policy. By using Hioosh, you acknowledge that Hioosh may use this data in accordance with its Privacy Policy.

7. PAYMENT TERMS

Purchases and renewal. Hioosh may offer products and services for purchase on the Application (“In-App Purchase”). If you choose to make an in-app purchase, you acknowledge and agree that additional terms, communicated to you at the time of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an in-app purchase through the following payment methods (“Payment Method”): (a) make a purchase through a third-party platform such as the Apple Store and Google Play Store (“Third-Party Store”), or ( b) pay with your credit card, debit card or PayPal account, which will be processed by a third party processor. Once you have made an in-app purchase, you authorize Hioosh to charge your chosen payment method. If we do not receive payment via your chosen payment
method, you agree to promptly pay all amounts due upon demand from us.

Subscriptions and auto-renewal: Hioosh may offer certain services in the form of auto-renewing subscriptions, for example a weekly, one or more month subscription (“Premium Services”). IF YOU PURCHASE AN AUTO-RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD AT THE PRICE INITIALLY PAID, UNLESS YOU CANCEL IT. If you do not want your purchase to be renewed, you must cancel, as described below, before the end of the current subscription period. Deleting your Account or deleting the Application from your device does not cancel your subscription. You will be informed of changes to the pricing of the Premium Services to which you have subscribed and will have the opportunity to cancel. If Hioosh changes its prices and you do not cancel your subscription, you agree to be billed at the subscription price then in effect on Hioosh.

Cancellation of subscriptions. If you purchased a subscription directly from Hioosh, you can cancel or change your payment method through the payment settings option on your profile. If you purchased a subscription through a Third-Party Store, such as the Apple Store or Google Play Store, you will need to access your account on that application and follow the instructions to change or cancel your
subscription. If you cancel your subscription, you can use your subscription until the end of the current period, but (i) you will not be eligible for a pro-rated refund (except as provided in the “Refunds” paragraph below), (ii) your subscription will not be renewed at the end of this period and (iii) you will then no longer be able to use the Premium Services or In-App Purchases activated by your subscription.

As our Services can be used without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to terminate your Account completely, you must do so in accordance with Section 15.

Hioosh operates globally, and our pricing varies based on several factors. We frequently offer promotional pricing – which may vary depending on region, subscription length, plan size and other criteria. Hioosh also regularly tests new features and payment options. Hioosh reserves the right, without notice, to limit the available quantity of any product, feature, service, or other offering, or to cease offering them; to impose conditions for honoring any discount, offer or other promotion; to prohibit any user from carrying out a transaction; and refuse to provide any user with any product, service, or other offer, or to honor any offer.

Free trials. If you sign up for a free trial and do not cancel, your trial may convert to a paid subscription and your payment method will be charged at the then-current price for that subscription. Once your free trial is converted to a paid subscription, your paid subscription will continue to auto-renew at the end of each period, and your payment method will be charged until you cancel it. To avoid charges for a new subscription period, you must cancel before the end of the current subscription period or free trial period as described above. Deleting your Account or deleting
the App from your device does not cancel your free trial. If you have already signed up for a free trial of Hioosh through the Apple Store or Google Play Store, you will not be eligible for another free trial and will be automatically enrolled in a subscription and billed (e) as described in this paragraph.

Refunds. Generally, all purchase fees are non-refundable and there are no refunds or credits for partially used periods.

In addition to having to cancel, eligible subscribers must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple and not Hioosh. To request a refund, go to iTunes, click your Apple ID, select “Purchase History”, find the transaction and click “Report a
Problem.” You can also submit a request to https://getsupport.apple.com.

For all other purchases, please contact customer service with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging into Google Wallet). You may also mail or deliver a signed and dated notice that you, the buyer, are canceling this agreement. Please also include the email address or mobile phone number associated with your account with your order number. This notice must be sent to: Hioosh, attention: 121 avenue Emile Zola, 75015 Paris, France.

Taxes. Payments required under this Section 5 do not include any sales tax that may be due in connection with the Premium Services provided under these Terms. If Hioosh determines that it has a legal obligation to collect sales tax in connection with these Terms, Hioosh will collect such sales tax in addition to the payments required under this Section 5. In the event of Premium Services, or payments for Premium Services, under these Terms, and you are subject to any sales tax in any jurisdiction and have not remitted the applicable sales tax to Hioosh, you will be responsible to the appropriate taxing authority for payment of such sales tax and any related penalties or interest. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the taxing jurisdiction applicable does not impose sales or use tax.

8. VIRTUAL ITEMS

From time to time, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special, limited-use features of Hioosh, referred to herein as “Virtual Items.” » You can only purchase virtual items through Hioosh or its partners. Virtual Items represent a limited license right governed by these Terms and, except as otherwise required by applicable law, no title or ownership in or to the Virtual Items is transferred or assigned to you. This agreement, and your purchase of virtual items, does not constitute the sale of rights to the Virtual Items.

Any Virtual Item balance displayed in your Account does not constitute an actual balance or reflect any stored value, but rather indicates the extent of your license to access the Virtual Items. Virtual Items do not incur non-use fees. Your license to Virtual Items will terminate on the earlier of Hioosh ceasing to provide services, or Hioosh closing/terminating your Account. Hioosh may also provide Virtual Items as bonuses or parts of paid subscriptions for its services. Your ability to use Virtual Items that you access in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accrue for periods of time. additional subscriptions. Your access to Virtual Items obtained through subscriptions may also terminate if you cancel your subscription.

Hioosh, in its sole discretion, reserves the right to charge a fee for the right to access or use Virtual Items and/or may distribute Virtual Items with or without a fee. Hioosh may manage, regulate, control, modify or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if any, of any Virtual Items, and Hioosh has no obligation to do so. You must not sell, trade or transfer Virtual Items to any person or entity. Virtual Items can only be
used via our services.

ALL PURCHASES AND REPURCHASES OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT HIOOSH HAS NO OBLIGATION TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, REGARDLESS OF SUCH CLOSURE. VOLUNTARY OR INVOLUNTARY.

9. PUSH NOTIFICATIONS – GEOLOCATED FEATURES

Hioosh may send you emails, SMS, push notifications, alerts and other messages related to the Application and/or Hioosh services, such as enhancements, offers, products, events and other promotions. When you have downloaded the Application, you will be asked to accept or refuse to receive push notifications/alerts. If you decline, you will not receive push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you.

If you no longer wish to receive push notifications/alerts from the Application, you can deactivate them by changing the notification settings on your mobile phone. You may unsubscribe or opt-out of other types of messages or communications, such as email, SMS, etc., either by following the specific instructions in those messages or by emailing your request to us at [[email protected]].

The Application may allow access or offer you the opportunity to view certain content or receive other products, services and/or resources based on your location. To be able to offer you these offers, the Application must be able to determine your geographic location using one or more reference points, such as GPS, Bluetooth and/or software on your mobile phone. Your geographic location is collected with your express consent. If you have set up your mobile phone and disabled GPS,
Bluetooth and/or software used to determine your location, or if you do not authorize the Application to access data about your location, you will not be able to access these contents, products, services and resources based on geolocation. To learn more about how the Application uses and stores your information, see the Privacy Policy.

10. WARNING

THE APPLICATION, THE SITE, OUR CONTENT AND USER CONTENT ARE ALL PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE SUITABILITY OF MATCHES, TITLE, OR SPECIAL RESPECT.

IF APPLICABLE LAW DOES NOT ALLOW THE FOREGOING EXCLUSION OF IMPLIED OR EXPRESS WARRANTIES, WE GIVE THE MINIMUM IMPLIED OR EXPRESS WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY, REPRESENTATION OR AUTHORIZATION NOT EXPRESSLY STATED IN THIS SECTION.

FURTHERMORE, WE CANNOT GUARANTEE THAT THE APPLICATION OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF THE APPLICATION OR SITE WILL MEET YOUR EXPECTATIONS, OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE APPLICATION, THE SITE, OUR CONTENT, USER CONTENT, OR ANY OTHER PART RELATED THERETO. USE OF THE APPLICATION OR SITE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. HIOOSH DISCLAIMS ANY RESPONSIBILITY FOR THE CONDUCT OF USERS. HIOOSH DOES NOT CHECK THE CRIMINAL BACKGROUNDS OF ITS MEMBERS.

11. COMPENSATION

All actions you take and information you post on Hioosh remain your responsibility. You therefore agree to indemnify, defend, release or hold harmless Hioosh, as well as its partners, licensors, affiliates, providers, agents, directors, employees, representatives and agents against any third party claims, damages (actual and/or or indirect), actions, proceedings, claims, losses, liabilities, costs and expenses (including legal costs to the extent reasonable) suffered or reasonably incurred by Hioosh which arise from or are related to:

  1. any negligence, omission, or willfully disrespectful behavior on your part
  2. your access to the Application and the use you make of it
  3. uploading or submitting Content to the Application by you
  4. any breach on your part of the T&Cs, and/or
  5. any violation by you of the laws or the rights of any third party.

Hioosh retains the exclusive right to settle, compromise or pay any and all claims or causes of action that are brought against Hioosh without your prior consent. If requested by Hioosh, you will cooperate fully and reasonably as Hioosh deems necessary in defending any claim.

The above provision does not obligate you to indemnify Hioosh for any abusive business practice or any fraud, deception, false promise, misrepresentation or concealment, deletion, or omission of any material fact in connection with the Application.

12. REPORTING PROCEDURE FOR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If you believe that Content on Hioosh infringes the copyright of a work that you own, or a registered trademark that you own, you can report said Content by clicking on the “report” option.

By reporting Content for violation of intellectual property rights, you will be required to provide us with several pieces of information to enable us to best process your report, including in particular:

  • your contact details,
  • your relationship with the owner of the intellectual property rights;
  • a copy or access to the work or brand over which you hold intellectual property rights;
  • a description of the work or brand;
  • a description of the Content that you wish to report;
  • the reasons for the report

You can also contact us directly at the following address : hioosh, 121 avenue Emile Zola, 75015 Paris. When doing so, please ensure you include full intellectual property rights claim in your report.

13. THIRD-PARTY APP STORE

The following additional terms and conditions apply if you download the Application from a Third party Store. To the extent that the other conditions of these T&Cs are less restrictive or are otherwise incompatible with the Conditions of this section, the more restrictive or incompatible Conditions contained in this section will be applied but only in relation to the Application and the Store of third party. You acknowledge and agree that:

  1. these Terms are concluded exclusively between you and Hioosh and not between the suppliers of the Third Party Store. Hioosh (and not the Third party Store providers) has full responsibility for the Application and its content. To the extent that these Terms provide rules for use of the Application that are less restrictive or inconsistent with the applicable Terms of the Third Party Store from which you have downloaded the Application, the most restrictive or inconsistent Terms of the Third Party Store will prevail and be applied;
  2. the provider of the Third Party Store has no obligation to furnish any maintenance and support services with respect to the Application. Hioosh has full responsibility for product warranties, whether express or implied by law, to the extent not waived. The provider of the Third Party Store has no warranty obligation whatsoever with respect to the Application and any other claims, losses, damages, costs or expenses which may be attributed to failure to conform to any warranty will be the sole responsibility of from Hioosh;
  3. Hioosh, and not the provider of the Third Party Store, is responsible for responding to any claims that you or any third party may have in relation to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application does not comply with any applicable legal or regulatory requirements; (iii) complaints arising under consumer protection or similar legislation; and/or (iv) claims relating to non-compliance with intellectual property;
  4. the Third Party Store provider and its affiliates are third party beneficiaries of this Agreement and, when you accept these Terms, the Third Party Store provider from which you obtained the Application will have the right to you enforce these Terms as a third party beneficiary of these Terms, and it will be deemed to have accepted this right.

In the event of a conflict between the applicable terms and conditions of a Third party store or mobile carrier and these Terms, the terms and conditions of the third party store or mobile carrier will control. We are not responsible and have no liability for any Third party products or services you obtain through a Third party store or wireless carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

14. DISPUTE RESOLUTION

An attempt to resolve the dispute amicably is required before taking any legal action. This attempt applies to any dispute or claim of any kind (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal theory or fair) between you and Hioosh arising from the Terms of Use, prior versions of the Terms of Use, your use of the Application or any other aspect of your relationship with Hioosh, including claims or disputes that arise before the date of
entry into force of these Conditions.

Before initiating any conciliation or mediation procedure, you and Hioosh agree to notify each other of the dispute in writing at least 60 days before initiating any procedure. Notice to Hioosh must be sent by mail to: [email protected], and must include your name, current email address, mailing address, and telephone number, as well as the name, email address and the telephone number associated with your Hioosh Account (if different from your current information); and describe the nature of the claim and the specific relief requested.

You and Hioosh agree to meet and discuss, via teleconference or videoconference, in a good faith effort to amicably resolve any dispute or claim. If either party is represented by an attorney, that attorney may attend the meeting. During this attempt, you may be offered a settlement offer. You are also free to formulate a transactional proposal.

All offers, promises, conduct and representations made during the ADR proceeding by a party, its agents, employees and attorneys are confidential and shall not be admissible for any purpose in any subsequent proceeding, provided that evidence which is otherwise admissible or communicable is not rendered inadmissible or non-communicable by reason of its use in the amicable dispute resolution procedure.

The amicable dispute resolution meeting must occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in this meeting, the parties fail to resolve the dispute, the plaintiff may initiate legal proceedings.

Accomplishment of this amicable dispute resolution is a condition precedent to the filing of any legal action. Failure to comply with this condition constitutes a cause of inadmissibility.

15. USE OF THIRD-PARTY INTEGRATIONS

If you use a function from a third-party integration offered in the Application, or any other functionality provided by a third-party integration, you will be subject to the Terms of Use of this third party, the said conditions of use are available on demand.

16. TERMINATION AND REMEDIES

These Terms begin on the date you accept them (as described in the preamble) and continue until terminated in accordance with these Terms.

You can delete your Account at any time by logging into the Application, navigating to the “Settings” tab (the gear icon) and following the instructions to delete your account.

Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which the applicable fees were paid, and you will not be entitled to any refund, except as provided in ‘Section 5. In addition to deleting your Account, you will need to cancel/manage any recurring subscriptions purchased through a third-party store (e.g. iTunes or Google Play) to avoid further billing.

In the event that Hioosh determines, in its sole discretion, that you have violated any part of these Terms of Use, that you have misused the Application, or that you have engaged in conduct that Hioosh considers inappropriate or illegal ( whether on the Application or in outside), Hioosh reserves the right to: (a) notify you by email (to any email addresses you have provided to Hioosh) that you have violated the Terms of Service; (b) delete your User Content; (c) terminate your Account; (d) cancel your subscriptions without refund; (e) notify and/or send your User Content to relevant law enforcement authorities and/or cooperate fully with them for further action; and/or (f) take any other action Hioosh deems appropriate. You agree that all terminations for cause will be made in Hioosh’s sole discretion and that Hioosh will not be liable to you or any third party for termination of your Account.

Termination of these Terms or your Account includes removal of access to your Account and all information and content associated with or within your Account.

If your Account is terminated by you or Hioosh for any reason, all provisions of these Terms, which by their nature should survive, will survive termination of these Terms, including without limitation, obligation to attempt to resolve disputes amicably, ownership provisions, warranty disclaimers and limitation of liability. Your information will be retained and deleted in accordance with our Privacy Policy.

17. MISCELLANEOUS

There are a few more things we need to mention before you can use Hioosh.

These Terms, which we may modify from time to time, constitute the entire agreement between you and Hioosh. The T&Cs take precedence over any prior agreement, representation or arrangement between you and Hioosh, written or oral, except the Privacy Policy. Nothing in this clause limits or excludes any liability for fraudulent misrepresentation.

Hioosh has taken reasonable steps to ensure the timeliness, availability, accuracy and completeness of the information contained on Hioosh and provides this information as is and as available. Hioosh does not give or provide any warranties or representations of any kind regarding the information contained on Hioosh, express or implied.

The use of Hioosh and materials available on the Application is at your sole risk. Hioosh will not be held responsible for any loss related to the transmission, use of data or erroneous Member Content. You are responsible for taking all necessary precautions to ensure that the material you obtain from Hioosh does not contain viruses or other components that could cause damage. You agree that Hioosh will not be provided without interruptions or errors, that certain defects cannot be corrected
or that Hioosh, or the server that makes it available, is free of viruses, bugs, spyware, Trojan horses, or other similar malicious software. Hioosh is not responsible for any damage to your computer hardware, software or other equipment or technology, including without limitation damage resulting from a security breach or virus, bug, alteration, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network malfunction or any other technical or other
malfunction.

Communications between you and Hioosh may take place electronically, whether you use the Application or send emails to Hioosh, or Hioosh posts notices in the Application or communicate with you by email. For contractual purposes, you (a) consent to receive communications from Hioosh in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hioosh provides to you electronically would be satisfactory electronically if it would be in writing.

As Hioosh grows, we may need to change our T&Cs. We reserve the right to modify, change or make modifications to the T&Cs at any time (a “Modification”). If applicable, the Modifications will appear on this page and we will indicate the date of entry into force of the updates at the bottom of these T&Cs, you may receive an e-mail to inform you of the Modifications. We may also ask you to accept our Changes. Check this page regularly to be informed of the provisions governing your relationship with Hioosh.

By continuing to use Hioosh following a Modification, you accept this Modification, and you will be legally bound by the updated T&Cs. If you do not accept the Changes to the T&Cs, you must immediately stop using Hioosh. If for any reason any of the Terms is found to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, it will be deleted and the remainder of the Terms will continue in full force and effect, binding and enforceable.

Failure or delay in exercising any rights, powers or privileges hereunder shall not constitute a waiver of such rights nor constitute a modification of the T&Cs. The partial exercise or on a single occasion by one of the parties of a right, power or privilege in no way prevents its subsequent exercise or the exercise of any other right, power or remedy.

The Application may contain links to third party websites or sources. If applicable, you acknowledge and agree that we are not responsible for and do not have to respond:

  1. nor the availability or accuracy of such sites or sources
  2. nor the content, products or services available on or from such sites or sources
    The display of hypertext links to external sites or sources does not constitute an endorsement on our part. You take full responsibility and assume the risks for your use of such sites or sources. Framing, hotlinking, or other methods of association with the Application are expressly prohibited without prior written permission.

In the event of contradictions between the French version and the translated versions of these General Conditions of Use, the French version will preempt.

If you have any questions, complaints or claims regarding the Application, please contact us at hioosh, 121 avenue Emile Zola, 75015 Paris.

18. APPLICABLE LAW AND COMPETENT JURISDICTION

Subject to Section 13, your access to the Application, our Content and any Member Content, any claim arising from or related to your relationship with Hioosh, and these terms are governed and interpreted by the laws of France. All claims arising from or relating to these Terms and/or your relationship with Hioosh will be submitted exclusively to the French courts.

Effective date
The T&Cs were updated on April 9th, 2024.

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