Last Updated: October 28, 2020.
Hello and thanks for using Hiya. This service, through an integration with your TCL Communication Technology Holdings, Ltd. ("TCL") device and corresponding service (our "Service", "Services"), helps you identify telephone calls, including potentially unwanted telephone calls. We ("Hiya," "we," or "us") want you to have a great experience with our Services, but first, it's important that you understand the terms and conditions that apply to your use of the Services. Please take a few minutes and read this Terms of Service for TCL Devices agreement (the "Agreement") and pay special attention to our dispute resolution policy in Section 9, which requires mandatory arbitration of disputes in many circumstances.
This Agreement applies only to the non-commercial, personal use of the Service by consumers. If you are a business entity or otherwise intend to use the Service for any commercial purpose, you must enter into a separate agreement with Hiya (a "Commercial Use Agreement"), and this Agreement does not apply to your use of other Hiya services. You may not use the Service for any commercial purpose unless you have entered into a Commercial Use Agreement with Hiya. For more information about other Hiya services for businesses, please click here.
By using any of the Services that contain or link to this Agreement, you agree to be legally bound by the terms and conditions of this Agreement and Hiya Privacy Policy for TCL Devices, which is incorporated by this reference.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.
If you reside in the European Union or are otherwise under the scope of the General Data Protection Regulation of the European Parliament and of the Council (Regulation (EU) 2016/679, "GDPR") you must be sixteen (16) years of age or older to use the Services. If you are not in the European Union or otherwise under the scope of the GDPR, you must be thirteen (13) years of age or older to use the Services (in either case, the "Minimum Age"). If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Services.
If applicable law in the jurisdiction in which you reside requires you to be older in order for Hiya to provide the Services to you, including the collection, storage, and use of your contact information, then the Minimum Age is the legally required older age. The Services are not for use by anyone under the age of 13 years.
An additional age restriction is contained in Sections 3.1, below.
You may only use the Services and the information you obtain through the Services ("Hiya Data") for your own personal, non-commercial use, and only in accordance with all applicable laws, rules and regulations. Among other limitations contained herein, you may not:
In the course of using the Services, you may upload, post, transmit or otherwise make available to us certain information, data, materials or other content, including information about yourself ("User Content"). All User Content will be treated in accordance with Hiya Privacy Policy for TCL Devices. Further, you grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such User Content. Also, you understand and agree that Hiya retains the right to reformat, excerpt or translate any User Content provided or transmitted by you. Unless otherwise stated in this Agreement or Hiya Privacy Policy for TCL Devices, by submitting User Content, you represent and warrant that: (i) you are at least 18 years old; (ii) you own and control all rights to such User Content, or you have the lawful right to distribute, reproduce, and provide such User Content; (iii) such User Content is accurate and not misleading; and (iv) transmitting or providing such User Content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity.
You also agree that we may collect and use technical information such as your IP address, device ID and other information, including, but not limited to, technical data about your device and system software and peripherals, to facilitate the provision of software updates, product support and other services to you related to the Services, as further set forth in Hiya Privacy Policy for TCL Devices.
We may edit or refuse to send or post any User Content, in whole or in part, or remove any User Content, in whole or in part, in our sole discretion. In the event that you lose rights to any User Content you provided, added, or transmitted to or through our database (whether or not you kept it private) for any reason (including changing your phone number), you hereby agree that you will immediately use the tools we make available to you to remove such User Content.
While we appreciate receiving comments, ideas, suggestions, feedback or the like regarding any Services or any other products or services of Hiya (collectively, "Feedback"), we shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. We will not treat your Feedback as confidential.
We have no obligation to review or monitor your User Content or content that other users submit through the Services. Therefore, you accept that you, via the Services, may be exposed to information that is erroneous or otherwise objectionable.
Even though we are not obligated to review or monitor the content submitted by our users, we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.
You understand and agree that Hiya will not be liable for any content publicly posted or privately transmitted through the Services. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee that any content obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Unless otherwise indicated, the Services, and all content and other materials available on or through the Services, including, without limitation, Hiya Data, but excluding User Content (collectively, the "Materials"), are proprietary to Hiya or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Subject to your compliance with the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a personal, non-exclusive, limited license for your own personal, non-commercial use to: (i) access and use the Services, (ii) cause the Materials to be displayed from a single mobile device, and (iii) use the Materials, solely as permitted under this Agreement (the "License"). The License does not include a license to you to use Hiya's name or trademarks for any purpose. All rights and licenses not expressly granted to you in this Agreement are retained by Hiya.
Hiya may revoke or terminate the License granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services or Materials, or (iii) use the Services or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
Hiya may discontinue, terminate, suspend or shut down the Services, in part or in whole, at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services or otherwise publicly announcing such discontinuation, termination, suspension or shut-down. Upon any such action by Hiya, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
5.1. You agree that you will comply with all laws, including without limitation, U.S. export control laws, applicable to your use of the Services and Materials.
5.2. You agree that you will not do the following:
Hiya has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand. We may involve and cooperate with law enforcement authorities in prosecuting users who violate terms of this Agreement.
If you have installed on your device any software made available by Hiya for use of any Services, you agree that from time to time, the Services may automatically download and install upgrades, updates and additional features for the software in order to improve, enhance, and further develop the Services.
The following provisions apply to users who interact with Hiya outside the United States:
Hiya makes no representation that the Services are available for use in any particular location. To the extent you choose to access and/or use the Services, you are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws.
Many of our Services are available globally. Additional terms and conditions may apply to users of Services in certain jurisdictions and will, in such cases, be disclosed to you prior to your use of the Services.
Different or additional terms and conditions may apply to certain Services. In any such case, you will be given notice of the different or additional terms prior to use of such Services.
THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR MATERIALS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HIYA AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER HIYA NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "HIYA PROVIDERS") REPRESENT OR WARRANT (I) THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE SERVICES OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MATERIALS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICES OR MATERIALS ARE NON-INFRINGING.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
IN NO EVENT SHALL ANY OF THE HIYA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES OR MATERIALS, (II) ANY INABILITY TO USE THE SERVICES OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE HIYA PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HIYA PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR MATERIALS EXCEED ONE HUNDRED UNITED STATES DOLLARS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. In the same manner, some of the limitations and exclusions described above may not apply to you in case of damages arising from the violation of the GDPR.
You agree to hold harmless, defend and indemnify the Hiya Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your use or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Hiya Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; or (iii) any User Content that you store on or transmit through the Services. Hiya may assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with Hiya in such event.
THE TERMS OF THIS SECTION 9 APPLY TO ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND HIYA RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY ("DISPUTE").
If you have a Dispute with Hiya, you must send written notice describing the Dispute to Hiya to allow Hiya an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: Hiya, Inc., Attn: Legal Department, 110 Union St., Suite 500, Seattle, WA 98101. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided.
IF THE DISPUTE IS NOT RESOLVED WITHIN 30 DAYS FROM RECEIPT OF NOTICE OF THE DISPUTE, YOU OR HIYA MAY PROCEED TO HAVE THE DISPUTE RESOLVED THROUGH ARBITRATION AS EACH PARTY'S EXCLUSIVE DISPUTE RESOLUTION PROCESS (EXCEPT FOR THE LIMITED EXCEPTIONS TO ARBITRATION SET FORTH BELOW). ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
NOTWITHSTANDING THE FOREGOING, YOU AND HIYA AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR KING COUNTY, WASHINGTON INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR VIOLATION OF ANY DATA USE RESTRICTIONS CONTAINED IN THIS AGREEMENT, OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY'S WEB SITES OR SERVICES.
Any arbitration, if required, will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, which are located at this link, and these rules will govern the payment of all filing, administration, and arbitrator fees, unless this Section 9 expressly provides otherwise. If the amount of any claim in an arbitration is USD $10,000 or less, Hiya will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the JAMS with your Demand for Arbitration, and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the JAMS. If the amount of the claim exceeds USD $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hiya will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Hiya for all fees associated with the arbitration paid by Hiya on your behalf, which you otherwise would be obligated to pay under the JAMS's rules.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is USD $10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
YOU AND HIYA EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND HIYA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVEABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If any clause within this Section 9 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 9, and the remainder of this Section 9 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 9 will be void and unenforceable, and the Dispute will be decided by the courts of the state of Washington, King County, or the United States District Court for the Western District of Washington, as provided below in Section 11.4.
EACH PARTY AGREES THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR MATERIALS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM NOT FILED WITHIN THE FOREGOING ONE-YEAR PERIOD WILL BE FOREVER BARRED.
The dispute resolution provisions of this Section 9 shall not apply to legal disputes that concern Hiya's violation of the data protection obligations under the GDPR.
Hiya respects the intellectual property rights of others. If you believe your copyright is being infringed on any of our Services, please contact us.
Hiya strives to respond promptly to notices of alleged copyright infringement that comply with the applicable provisions of the Digital Millennium Copyright Act, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the Materials available on or through the Services infringes upon any copyright you own or control, or that any link made available on or through the Services directs users to another application or Web site that contains material that you own or control, please send us a notice of infringement by following the steps provided here.
Hiya may, as a convenience to its users, make links to third-party Web sites or applications ("Third Party Applications") available on or through the Services. In addition, subject to your authorization, certain Services may access your accounts for third-party services. Hiya does not make any representation, warranty or guarantee regarding any Third Party Applications. Hiya is not responsible or liable for: (i) the availability, functionality, or accuracy of such Third Party Applications; (ii) the information, content, products, or services on or available therefrom; or (iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such Third Party Applications or the information, content, products, or services on or available therefrom. Access to such Third Party Applications does not imply any endorsement by Hiya. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications.
If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Hiya reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or otherwise making such revised Agreement available through the Services. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Services and Materials.
If we do not enforce a breach of this Agreement by you, that does not mean that we have waived our right to enforce this Agreement against you for any future breach by you.
You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Hiya may assign this Agreement without consent. There are no third-party beneficiaries to this Agreement, other than as explicitly provided herein.
These Terms of Service are written in English (US), although we may provide translated versions at our discretion. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Hiya operates the Services from its offices in Washington, USA, and Hiya makes no representation that the Services are appropriate or available for use in other locations.
THE FEDERAL ARBITRATION ACT, APPLICABLE FEDERAL LAW, AND THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THIS AGREEMENT AND ANY DISPUTE THAT MIGHT ARISE BETWEEN HIYA AND YOU.
YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, FOR ALL DISPUTES THAT MAY BE BROUGHT IN COURT UNDER SECTION 9. THE VENUE FOR ANY CLAIM THAT MUST BE BROUGHT IN AN ARBITRATION FORUM SHALL BE AS SET FORTH IN SECTION 9.
In case of data protection matters where GDPR is applicable, the provisions of this Section 11.4 shall only apply to the extent allowed by the GDPR.
Hiya may operate, individually or jointly, with third-party applications or Web sites that incorporate the Services or Materials. In addition to the terms and conditions of this Agreement, your use of any third-party Web sites, products, or services may be subject to separate terms and conditions of the third parties that make them available, but such third-party terms and conditions do not supersede or otherwise apply to your use of the Services. We encourage you to review applicable policies and agreements when you use any product or service, including this Web site.
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