By accessing and using this website, you are deemed to have carefully read, understood, and agreed to the following terms and conditions (hereinafter referred to as the "Terms"). Please ensure full comprehension before proceeding, as your use of this website shall be governed by these Terms.
These Terms constitute a legally binding agreement (hereinafter referred to as the "Agreement") between you (the user, hereinafter referred to as "you," "your," or "User") and Hila Team (hereinafter referred to as the "Company"). You and the Company may be individually referred to as a "Party" and collectively as the "Parties."
If you do not agree with any part of these Terms, you must immediately cease accessing and using this website and any services provided under these Terms. Accepting these Terms signifies that you have entered into a binding agreement with Hila Team regarding the use of this website and/or subscription to available services.
Background
Hila Team owns and operates this website and the application named "Hila" (referred to below). Through this platform, the Company provides users with a simple and reliable way to connect with friends nearby or around the world. The services enable users to send free text, voice, video, photo messages, and stickers to their contacts. The Company is committed to creating an enjoyable and engaging experience, and prioritizes maintaining a safe and friendly environment for all users. By using the services, you agree to use them in line with their intended purpose and in accordance with these Terms.
Continuing to use the platform signifies your commitment to abide by these Terms and contribute positively to the community.
1. Definitions and Interpretation
1.1 Key Definitions
Unless the context otherwise requires, the capitalized terms in these Terms shall have the following meanings:
- Account: The account created by you on the website and/or application to access the services.
- Affiliated Companies/Entities: Other companies or entities directly or indirectly controlled by, controlling, or under common control with the Entity ( "Control" means the legal or beneficial ownership of 50% or more of the shares (or other ownership interests for non-corporate entities) of the Entity through voting rights or the exercise of rights under an agreement, or the possession of the power to direct or influence the management or policies of the Entity, directly or indirectly).
- Applicable Laws: All relevant laws, including common law, principles of equity, statutes, regulations, proclamations, ordinances, local bylaws, rules, industry-specific statutory rules, mandatory codes, guidelines, writs, orders, injunctions, and judgments applicable in any jurisdiction.
- Application: The various features of the "Hila" mobile application, or other programs, software, and mobile applications owned or licensed by the Company; it also includes other specified URLs as determined by the Company from time to time. The Application includes the electronic interface through which Subscribers can access their accounts, with login credentials (user ID and password) provided by the Company.
- Area of Operation: The territory of India, where you accept these Terms.
- Business Day: Any day excluding Sundays or public holidays in the Area of Operation.
- Customer Content: Images, sounds, videos, data, text, information, or other materials or content created, uploaded, published, or disseminated by users through the Company’s services.
- Force Majeure: As defined in Clause 15.1 (if relevant clauses exist, refer to the original text).
- Company: Hila Team as described in the "Parties" section at the beginning of these Terms.
- Linked Sites: Links within the services that redirect users to other websites or services, provided solely for the convenience of users.
- Subscriber: The user as described in the "Parties" section at the beginning of these Terms.
-
Prohibited Content: Images, sounds, videos, data, text, information, or other materials or content
("Content") that:
- (a) violates any rule, law, regulation, or policy;
- (b) jeopardizes national interests, national security, or discloses national secrets;
- (c) incites ethnic or racial discrimination or hatred;
- (d) undermines stability;
- (e) contains obscenity, sexual innuendo, pornography, gambling, violence, murder, or terrorist content;
- (f) insults, defames others, or infringes upon others' lawful rights and interests;
- (g) contains abusive or threatening information.
- Privacy Policy: The privacy policy posted on the website, which may be revised by the Company from time to time.
- Permitted Information: Information voluntarily provided by users during the registration process on the website and/or application (e.g., name, username, address, etc.).
- Registration Data: The Subscriber’s name, email address, telephone number, and other information (including personal data) provided to the Company for registration on the website and/or application.
- Services: The technical services provided by the Company or its Affiliates, such as "Hila" or other applications/services operated by Hila Team and its Affiliates.
- You/Your: Refers to you, the user and Subscriber of the website and services.
1.2 Rules of Interpretation
Unless otherwise specified, the following rules shall apply to the interpretation of these Terms:
- 1.2.1 The singular form includes the plural, and vice versa.
- 1.2.2 Phrases such as "for example," "including," "in particular," and similar expressions are non-restrictive.
- 1.2.3 References to a specific period of time exclude the day on which the event or act initiating the time calculation occurs.
- 1.2.4 All references to time are based on the local time in the relevant Area of Operation.
- 1.2.5 If a period is calculated from a specific day, act, or event (e.g., giving notice), that day or the day of the act/event is excluded from the calculation.
- 1.2.6 No rule of interpretation shall disadvantage any Party solely because that Party drafted these Terms or any part thereof.
2.Registration and Usage Rules
2.1 Authorized Users
Your access to and use of the Company’s services must comply with all applicable international, federal, state, and local laws and regulations. You represent and warrant that you will not engage in any unlawful or prohibited activities while using the services, as outlined in this Agreement.
2.2 Age Restriction
The services are intended for users aged 18 or older. If you are under 18, you must not use these services.
2.3 Network and Fees
To access and use the website, subscription services, and services, ensure you use an authorized telecommunication or internet network. You shall bear sole responsibility for standard messaging, data, and/or voice charges (as applicable) imposed by your device provider.
2.4 Account Security Responsibility
You are solely responsible for maintaining the confidentiality of your Registration Data and Application login credentials. You shall be liable for any activities, transactions, or misuse of the Application through your Account, unless such activities, transactions, or misuse are caused or contributed to by the Company.
2.5 Notification of Abnormal Situations
If you cannot access your Account, or become aware of or suspect any unauthorized access to, use of, or compromise of your Registration Data, login details, or Account, you must notify the Company immediately.
2.6 Circumstances for Service Suspension
The Company and/or third-party service providers may suspend access to and subscriptions for the services if:
- 2.6.1 The Registration Data or other information provided by you is false, or you no longer meet the eligibility requirements;
- 2.6.2 The security of your Account has been compromised;
- 2.6.3 You fail to comply with any requirements set forth in these Terms.
2.7 Right to Modify/Suspend Services
The Company and/or third-party service providers may block, suspend, alter, or update the website, streaming services, and/or services at any time (including without notice) for the following reasons:
- 2.7.1 To improve the website, booking services, and/or services (including enhancing security);
- 2.7.2 To comply with Applicable Laws;
- 2.7.3 To protect legitimate business interests.
3. Specific Features and Additional Services
3.1 Additional Guidelines
When using the Company’s services, you may encounter additional guidelines and/or terms and conditions ("Guidelines") specific to certain features and services. These Guidelines may be posted periodically on the platform.
3.2 Integration of Terms
All such Guidelines are incorporated into these Terms of Use. In addition, your use of the services is governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference. By using the services, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.
4. Limited License
4.1 Grant of License
Hila Team grants you a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to use its website/application and related services (including updates and upgrades), subject to these Terms and Conditions.
4.2 Scope of License
This license is for private, non-commercial use only and is contingent upon your compliance with these Terms and Conditions, the Privacy Policy, and any additional guidelines updated by the Company.
5. Intellectual Property Rights
5.1 Ownership of IP
The website and all associated intellectual property rights ("IP") belong to the Company or its third-party licensors. Unless expressly stated, these Terms do not grant you any rights to the IP. All rights not explicitly granted are reserved by the Company.
5.2 Scope of Protection
The website/application and related services are owned and operated by the Company. The materials provided, including content, visual interfaces, graphics, design, compilation, computer code, products, software, algorithms, and all other elements of the services, are protected under copyright, trademark, patent laws, international conventions, and applicable intellectual property regulations.
5.3 Copyright of Company Materials
All Company Materials on the website/application are copyrighted property of Hila Team, its Affiliates, and/or third-party licensors.
5.4 Exclusion of Materials
Company Materials do not include any User/Customer Content or content from third-party sites, even if links to such content are provided on the Company’s platform.
5.5 Prohibited Actions by Users
You must refrain from:
- 5.5.1 Copying, reproducing, modifying, creating derivative works, decompiling, reverse engineering, or attempting to derive the composition, structure, or ideas underlying any IP;
- 5.5.2 Breaching, disabling, tampering with, or developing workarounds for any security measures on the website/Application;
- 5.5.3 Using any IP in a manner that infringes or misappropriates third-party intellectual property or moral rights;
- 5.5.4 Distributing, disclosing, or allowing third-party use of any IP through any format, timesharing service, network, or other means;
- 5.5.5 Merging or combining any IP with unauthorized technology or removing proprietary notices on copies of any IP.
5.6 Responsibility for Customer Content
You are solely responsible for any Customer Content posted or transmitted via the website/Application or device. Customer Content includes notes, messages, emails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials/information.
5.7 Compliance of Content
You must ensure that your Content is lawful and does not infringe third-party rights, including intellectual property rights. Additionally, you must not:
- 5.7.1 Publish, upload, distribute, or disseminate inappropriate, profane, defamatory, infringing, obscene, unlawful, pornographic, libelous, privacy-invading, hateful, racially/ethnically objectionable, or otherwise unlawful material (including content related to money laundering or gambling);
- 5.7.2 Upload files containing software or materials protected by intellectual property laws or privacy/publicity rights unless you own the rights or have obtained necessary consents;
- 5.7.3 Upload files containing viruses or other harmful programs that may damage computers or devices;
- 5.7.4 Download files posted by others that you know, or should reasonably know, cannot be legally distributed;
- 5.7.5 Falsify or delete author attributions, legal notices, or proprietary designations of origin/source in uploaded files;
- 5.7.6 Mislead recipients about the origin of messages or communicate offensive or menacing information;
- 5.7.7 Harvest or collect others’ information, including email addresses, without consent.
6. Rules for User Content
6.1 Prohibition of Prohibited Content
You are prohibited from using the Company’s services to create, upload, download, copy, publish, or spread any Content that:
- (a) violates laws, rules, regulations, or policies;
- (b) threatens national interests, security, or secrets;
- (c) incites racial/ethnic discrimination or hatred;
- (d) undermines stability;
- (e) contains obscenity, sexual innuendo, pornography, gambling, violence, murder, or terrorist content;
- (f) insults, defames, or infringes upon others’ rights;
- (g) contains abusive or threatening information.
6.2 Grant of License to User Content
By uploading or publishing Content ("Your Content"), you grant the Company a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable, and transferable license to use, distribute, reproduce, create derivative works, publish, translate, perform, and display Your Content in any format now known or developed later for any purpose. Hila Team may use Your Content on its platforms or in other products/services at its discretion and may transfer this license to Affiliates or partners without requiring your consent.
6.3 Right to Display Advertisements
The Company reserves the right to display advertisements, promotions, or sponsorships alongside User Content. (Note: You are not entitled to compensation for the use of Your Content.)
6.4 Removal of Content and Account Handling
The Company may, at its discretion and without notice, remove Your Content if it infringes others’ rights or suspend/terminate your access for violations of intellectual property laws.
6.5 Liability for Claims
You are solely liable for claims arising from Your Content and shall compensate the Company for all losses, including economic and business damages.
6.6 Restrictions on Confidential Information
Unless required by law, do not send confidential or proprietary information to the Company, even if it falls under "Permitted Information" as defined in Clause 1.1.14.
6.7 Confidentiality of Content
While the Company handles personal information in accordance with the Privacy Policy, Your Content will not be treated as confidential or proprietary.
7. User Obligations
7.1 Restrictions on Use
By using the services, you agree not to use them for any unlawful or prohibited purpose as outlined in these Terms and Conditions.
7.2 Legality in Regions
Accessing Company Materials or services from territories where such access is illegal is strictly prohibited. You are responsible for complying with all local laws, regulations, and policies, including those related to intellectual property, the internet, technology, data, email, and privacy.
7.3 Restrictions on Use of Materials
Using Company Materials for purposes other than those explicitly permitted herein is prohibited.
7.4 Prohibition of Interference with Services
You must not use the services in a manner that could damage, disable, overburden, impair, or interfere with other users’ access to or enjoyment of the services.
7.5 Restrictions on Load
You must not impose an unreasonable or disproportionately large load on the Company’s infrastructure.
7.6 Prohibition of Malicious Code
You must not interfere with or damage the operation of the services, including by uploading or disseminating viruses, worms, or other malicious code.
7.7 Protection of Security Features
You must not remove, circumvent, disable, damage, or interfere with security-related features, features that prevent unauthorized use or copying of content, or features that enforce usage limitations.
7.8 Prohibition of Unauthorized Access
You must not attempt unauthorized access to the services, their components, accounts, computer systems, or connected networks, whether through hacking, password mining, or other means. You must not interfere with or disrupt the proper functioning of the services or activities conducted on them.
7.9 Restrictions on Obtaining Information
You must not attempt to obtain materials or information through unauthorized means. You agree not to modify the services or use modified versions, including attempting unauthorized access.
7.10 Restrictions on Automated Tools
The services may include an auto-reply function. You must not use robots, spiders, scrapers, or other automated means to access or bypass the services without express written permission.
7.11 Restrictions on Framing Techniques
You must not use framing techniques to enclose trademarks, logos, or other Company Materials without express written consent.
7.12 Restrictions on Meta Tags
You must not use meta tags or "hidden text" utilizing the Company’s name or trademarks without express written consent.
7.13 Restrictions on Deep Linking
You must not deep-link to the services or use logos, graphics, or trademarks as part of a link without express written consent. Any objectionable links must be removed at the Company’s discretion.
7.14 Prohibition of Spam
You must not send unsolicited communications, including junk mail, advertising, promotional materials, chain mail, charity requests, petitions, or similar content to other users.
7.15 Liability for Compensation
You shall indemnify the Company against all losses, damages, or liabilities arising directly or indirectly from your failure to comply with these Terms, including actions by anyone using your User ID.
7.16 Representations and Warranties
You represent, warrant, and covenant that:
- (i) Your Content is lawful and does not infringe third-party rights;
- (ii) you own or have necessary licenses, rights, consents, and permissions for Your Content;
- (iii) you authorize the Company to use Your Content for its purposes.
8. Feedback
8.1 Voluntariness of Feedback
You are welcome to provide feedback, suggestions, ideas, or know-how regarding the services, but it is not mandatory. We value your input and may use it to improve our services.
8.2 Confidentiality of Feedback
Any feedback you provide is not considered confidential and may be used by the Company for any purpose deemed appropriate.
8.3 No Obligation to Compensate
The Company is under no obligation to compensate you for feedback provided.
9. Third-Party Sites
9.1 Purpose of Linked Sites
For convenience, the services may include links to third-party websites or services ("Linked Sites").
9.2 Disclaimer for Sites
The inclusion of Linked Sites does not imply endorsement of their content, products, or services. The Company provides no warranties, express or implied, regarding Linked Sites.
9.3 Risks of Access
Accessing and using Linked Sites, including any information, materials, products, or services obtained from them, is at your sole risk.
9.4 Liability for Transactions
Any correspondence, dealings, or engagements with advertisers or third parties found on or through the platform are solely between you and those parties. The Company is not liable for any losses or damages resulting from such dealings or the presence of advertisers on the platform.
9.5 Right to Modify Content
The Company reserves the right to modify or discontinue any content or services on its platform, website, or application at any time without notice. Content or services may become outdated, and the Company is not obligated to update them.