Terms

1. Accept Terms

Thank you for using Heymandi's services。By creating a Heymandi account or by using any Heymandi service, whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not use the Service.

2. Change of Terms

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under "Settings" and also on heymandi.com, and you should regularly check for the most recent version. The most recent version is the version that applies. The changes will be effective on the day of publishment, and this Agreement will replace any prior agreement. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree this Agreement replace any prior agreement and shall govern your entire relationship with Heymandi, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

3. Qualification

You must be at least 18 years of age to create an account on Heymandi and use the Service. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with Heymandi;
• you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition;
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and

4. Account

In order to use Heymandi, you may sign in using your Facebook / Google/ Apple ID login. If you do so, you authorize us to access and use certain Facebook/ Google/ Apple ID account information, including but not limited to your public Facebook profile and email / Google email/ Apple ID email. You may also sign in using phone number. If you do so, you authorize us to collect and record your phone number. For more information regarding the information we collect from you and how we use it, please go to our Privacy Policy.

5. Change of Service

Heymandi is always striving to improve the Service. This means we may add new product features or enhancements from time to time as well as remove some features, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may disable your account at any time. Please go to profile > setting (top right hand corner) > delete account. However if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.

If Heymandi believes that you have violated this Agreement, we may terminate your account at any time without notice. No refund will be given for any purchases if your account is terminated with the above situation.

6. Safety; Your Interactions with Other Members

In Heymandi, we use invitation and acceptance to indicate the interest of the user. Though Heymandi strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users .

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT HEYMANDI DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. HEYMANDI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

7. Child Safety Standard Policy

At Heymandi, the safety and well-being of our users, particularly minors, are our top priorities. We strictly adhere to Google Play's Child Safety Standards by implementing robust measures to combat child sexual abuse and exploitation (CSAE). Our app prohibits the creation, sharing, or storage of any child sexual abuse material (CSAM) and ensures compliance with all applicable child safety laws. To foster a safe environment, Heymandi offers an in-app mechanism for reporting any concerns or issues, which is accessible without leaving the app. If any child abuse-related content is reported or identified, we take immediate and decisive action, including removing the content, suspending or banning the offending user, and reporting the material to the relevant authorities and child protection organizations as required by law. We also provide a dedicated support team at support@heymandi.com to handle such matters sensitively and ensure prompt follow-up. Together, we aim to create a safe, respectful, and enjoyable experience for everyone.

8. Rights Heymandi Grants you

Heymandi grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by Heymandi and permitted by this Agreement. Therefore, you agree not to:

• imitating anyone or any institution, includes Heymandi's Admin, Host, Service Provider, or pretending you have relationship with other institution or individual
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• publish any advertisement, includes advertising letter, promotion materials, "spam", "spamming letters", "direct sales" or any other form of advertisement, through the Service
• publish any computer virus or any information about computer virus, which aims to disturb, destroy or limit any computer software, hardware or communication device, includes but not limit to "Trojan Horses", "worms", "time bombs", "cancelbots", or other code, file, or program, through the Service
• destroy normal chat process, flashing screen, making other users cannot typing normally, or causing adverse effect on usage of the Service to other users
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• violate any suitable law or regulation of that region / country / jurisdiction with or without intention.
• harass anyone through the Service by "track" or other means.
• collect and record any other users' information; It is not subject to the limits if the activity is not violate any law or regulation about personal information
• use, access, or publish the Heymandi application programming interface without our written consent.
• use or develop any third-party applications that interact with the Service or other users' Content or information without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
• promote or encourage any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

9. Rights You Grants Heymandi

By creating an account, you grant to Heymandi a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other users (collectively, "Content"). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Heymandi users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Heymandi above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Heymandi allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Heymandi regarding our Service, you agree that Heymandi may use and share such feedback for any purpose without compensating you.

You agree that Heymandi may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of the Company or any other person.

10. General Rules

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• impersonate any person or entity or post any images of another person without his or her permission.
• user the Service for publishing any illegal, harmful, coercive, abusive, harassing, infringing, libelous, vulgar, defamatory, defamatory, infringing on the privacy of others, or racially discriminatory or "content" which may morally making others unpleasant.
• prejudice any minor.
• post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• publish any content about "Advocate hatred", "threats", "pornography" or "incitement to violence and blood"
• bully, "stalk," intimidate, assault, harass, mistreat or defame any person.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.
• use another user's account.

Heymandi reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Heymandi regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

11. Other User Content

Heymandi's operation is based on instant messaging and publishing content, Heymandi is not responsible for the authenticity, completeness and position of all messages or messages. All messages or content only represent the individual opinions of the publisher or user, not our position. In other words, you, not Heymandi, is responsible for any content

You understand and agree that you, not Heymandi, is responsible for any information, materials, text, software, music, audio, photos, graphics, video, information or other materials ("Content") and any consequential loss caused from the Content you publish or send to others through Heymandi.

You agree that you must assess and bare all the risk before you use any "Content". Therefore, you agree that you cannot rely on information shown on Heymandi.

Although Heymandi reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Heymandi cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it via support@heymandi.com

12. Purchase

In-App purchase

Heymandi may offer products and services for purchase("In-App Purchase") through iTunes, Google Play ("Application Store"). If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider (such as Application Store) and your method of payment (your credit/debit card or a third party account such as iTunes or Google Play Account)("Payment Method") will be charged at the prices displayed to you for the service(s) or product(s) you've selected as well as any taxes (if applicable) that may be imposed on your payments, and you authorize Heymandi or the third party account to charge you.

Auto-Renewal

If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Application Store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Heymandi application from your device.Deleting your account on Heymandi or deleting the Heymandi application from your device does not cancel your subscription.Heymandi will retain all funds charged to your Payment Method until you cancel your subscription on Application Store account.If you cancel your subscription, you may use your subscribed product(s) or service(s) until the end of your then - current subscription term, and your subscription will not be renewed after your then - current term expires.

Refund

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Heymandi. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account, please use the workflow provided by the official Google Play support website. (https://support.google.com/googleplay/workflow/9813244?hl=en)

13. International Use

You understand the borderless nature of the Internet and agree to abide by all relevant local regulations on online behavior and acceptable "content" regulations. You specifically agree to comply with all relevant laws regarding the export of technical or personal data from the country in which you reside.

14. Disclaimer

You understand and agree:

• You are responsible for any risk of using the Service. Heymandi provides the Service on an "As Is" and "As Available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
• Heymandi does not represent or warrant that (A) The service will be uninterrupted, secure or error free, (B) Any defects or errors in the Service will be corrected, or (C) That any content or information you obtain on or through the Service will be accurate.
• Heymandi takes no responsibility for any data lost derived any system errors or operation of Heymandi.
• Heymandi is not responsible for any content that you or another user or third party posts, sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
• Heymandi disclaims and takes no responsibility for any conduct of you or any other user, on or off the Service.

15. Third Party Service

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources, such web sites or resources may applies different Terms and Privacy Policy with Heymandi. Heymandi is not responsible for the availability (or lack of availability) of such resources or web sites. If you choose to click those links or interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Heymandi takes no responsibilities for such third parties' terms or any actions.

16. Usage and Storage

You acknowledge that Heymandi may set general measures and restrictions regarding the use of this service, including but not limited to the maximum period for which this service will retain short messages, announcement content or other uploaded "content", and the number of short messages that can be sent and received in one account of this service limits, and generally the upper limit of the number of times you can use the service (and the upper limit of each use time) within a certain period of time. You agree that Heymandi shall not be liable for Heymandi's deletion or failure to store any messages and other communications and other "Content" maintained or transmitted by the Service. You also agree that Heymandi reserves the right to close accounts that have not been used for a long time. You also agree that Heymandi reserves the right to change these general measures and restrictions at any time, in its sole discretion, with or without notice to you.

17. Termination

If you violate the above commitments and prohibitions, or users report violations including but not limited to the above-mentioned behaviors, we have the right to prohibit your use, and if the circumstances are serious, we will report to the police for handling and claim damages.

18. Responsibility

To the fullest extent permitted by applicable law, in no event shall Heymandi, its Affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data use, goodwill, or other intangible losses, resulting from: (i) Your access to use of or inability to access or use the Service, (ii) the cost of any goods, materials, information or services purchased or obtained, or the exchange of goods or services derived from such transaction through the Service, (iii) Unauthorized access, use or alteration of your content, (iv) Statement or conduct by any third party or users in the Service, or (v) with respect to all events, the Service, and this agreement, even if Heymandi has been advised at any time of the possibility of such damages.

19. Dispute Resolution

1. Mandatory Arbitration of Disputes.We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Heymandi agree that the International Commercial Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Heymandi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
2. Exceptions and Opt-out.As limited exceptions to Section 19(a)above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@heymandi.com within thirty (30) days following the date you first agree to this Agreement.
3. Conducting Arbitration and Arbitration Rules.The arbitration will be conducted by the International Centre for Dispute Resolution (“ICDR”) under its Consumer Arbitration Rules (the “ICDR-AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.icdr.org or by calling 212-484-4181(outside US) / 888-855-9575 (US) . A party who wishes to start arbitration must submit a written Demand for Arbitration to ICDR and give notice to the other party as specified in the ICDR-AAA Rules. The ICDR provides a form Demand for Arbitration at www.icdr.org .
4. If your claim is for U.S. $10,000 or less,you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the ICDR-AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the ICDR-AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
5. Arbitration Costs.Payment of all filing, administration and arbitrator fees will be governed by the ICDR-AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
6. Class Action Waiver.YOU AND Heymandi AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
7. Effect of Changes on Arbitration.Notwithstanding the provisions of Section 5 “Change of Service” above, if Heymandi changes any of the terms of this Section 19“Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to support@heymandi.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Heymandi’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Heymandi in accordance with the terms of this Section 19“Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
8. Severability.With the exception of any of the provisions in Section 19(f)of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

20. State-Specific Terms (For US)

If you live in certain states, you may cancel this agreement within 3 business days.The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to:

Heymandi
Attn: Cancellations
3012
Murray St,
Port Moody,
Vancouver BC V3H 1X2
Canada

(in addition, California and Ohio users may email us at support@heymandi.com).

Please include your Heymandi email address in any correspondence or your refund may be delayed. If you cancel, Heymandi will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription. Subscribers via In App Purchase function of Google Play / Apple App Store need to apply for a refund directly through Google / Apple.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.

California Users

California Civil Code Section 1789.3 requires us to provide you with the following information: You may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.govs.

21. Reimbursement

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Heymandi, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including but not limited to attorney fees, administrative fees, courts fee due to, arising out of, or relating in any way to your access of the Service, your content published or sent through the Service, your infringement of any others' rights, or your breach of this Agreement.

22. Entire Agreement

This Agreement, along with Privacy Policy, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Heymandi regarding your relationship with Heymandi and the use of Service. If any provision of this Agreement is held invalid by the competent court, you still agree that the court should strive to make your intention of this Agreement effective, and the remainder of this Agreement shall continue in full force and effect. The failure of Heymandi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that no matter whether there are other provisions in any statute or law, the use of the Service or any claim or cause of action arising out of or relating to this Agreement shall be filed within one year after the commencement of the claim or the cause of the action, otherwise it shall never be filed.

The titles of this Agreement are for convenience only and do not have any legal or contractual effect.