Terms of Use
These Terms of Use are effective as of July 1, 2022.
Welcome to HiNote! These Terms of Use (“Terms”) apply to your (“you” or “your”) use of HiNote’s digital communication platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and HiNotes Inc, identified in these Terms (“HiNote”).
Overview
HiNote is a digital communications app that brings personalization, style, and function into the crazy world of text messaging. HiNote injects purpose, personal touch, and storytelling into everyday texting through: greetings, client communication, reminders, announcements, invites, personal & business correspondence, and amusements. (each a “Design”). When you use the Service, you’ll have access to various content provided by HiNote and other content providers to use in your designs (“Licensed Content”). Your use of the Licensed Content is subject to certain restrictions. You also have the option to upload your own content (“User Content”), which you have full control and responsibility over. You can use Licensed Content, your User Content, and tools available in HiNote to design whatever you like.
The Service is made available on HiNoteapp.com and the HiNote mobile app. Your service use is subject to these Terms and HiNote’s Acceptable Use Policy. By using the Service, you acknowledge HiNote’s Privacy Policy.
You may use the Service only if you can form a binding contract with HiNote and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power, and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.
Using the Service
Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian, or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to consent to process personal data in the country where the child is located).
Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. HiNote reserves all rights not expressly granted under these Terms. Each person must have a unique account, and you are responsible for any activity on your account.
Acceptable Use Policy. Your use of the Service, your User Content, and your Designs must comply with HiNote’s Acceptable Use Policy.
Anti-discrimination. HiNote does not support and will not tolerate its Service being used to discriminate against others, especially based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination, and you must not use the Service to incite or promote hostility or violence.
Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; or (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
Security and Data Privacy
Information Security. HiNote implements and maintains physical, technical, and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification, or disclosure.
Data Privacy. Hinote’s Privacy Policy describes how HiNote collects, uses, transfers, discloses, and stores your personal data.
Content and Designs
User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all rights in your User Content as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms. As between you and HiNote, you own all rights, title,s and interests in and to your User Content. You grant HiNote, a royalty-free license to display, host, copy and use your User Content solely to the extent necessary to provide the Service to you.
When you upload content to HiNote, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we need you to give us certain rights to store it and have it ready for you to use in your designs.
Licensed Content. You may use Licensed Content in connection with the Service. The use of Licensed Content is subject to additional license rights and restrictions. The applicable license rights and restrictions vary depending on the type and source of the Licensed Content. Designs. Your Designs may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of Designs containing Licensed Content are subject to the applicable terms.
We never own your designs, but there may be certain restrictions depending on the types of HiNote-provided content you’ve included in your designs.
Sharing and Publishing Your Designs. You may publish or share Designs with others within the Service, via a Third Party Service, or via a link. HiNote maintains no responsibility in relation to such sharing of Designs, and HiNote’s enablement of such activity or the Service’s performance of actions to publicly share Designs at your instruction shall not be considered a violation of any of HiNote’s obligations under these Terms.
There are several ways to share your designs with the world. You’re responsible for who you share them with and how you do it.
HiNote’s Intellectual Property
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of HiNote and its licensors. You assign to HiNote any suggestions, ideas, enhancement requests, or other feedback you provide to HiNote relating to the Service or HiNote’s products. HiNote owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
Warranty Disclaimer
The Service is provided on an “as-is” and “as available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, HiNote, its licensors, and its suppliers expressly disclaim any warranties of any kind, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. HiNote does not warrant that your use of the Service will be uninterrupted or error-free. HiNote does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that using the Service necessarily involves transmitting your data over networks that HiNote does not own, operate, or control. HiNote is not responsible for any of your data lost, altered, intercepted, or stored across such networks. HiNote will not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside HiNote’s reasonable control. We offer the Service as-is and can’t be responsible for things outside our control.
Third-Party Services
You may elect to use the Service in conjunction with third-party websites, platforms or apps (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. HiNote makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.
Within HiNote, you can use apps created by third parties. Those apps might have their own set of terms that apply to you, and because the apps were created by third parties, we can’t be responsible for them.
Your Indemnity Obligations
You agree, to the extent permitted by law, to defend, indemnify and hold harmless HiNote and its affiliates, officers, directors, agents, licensors, and employees from and against any claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content. If HiNote suffers harm due to your content or your violation of these Terms, or if someone tries to hold HiNote responsible for your content or your violations, you’ll be responsible for any costs incurred by HiNote and defending HiNote.
Limitation of Liability
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) USD $100 or (ii) the subscription fees paid by you to HiNote during the twelve months preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising from your indemnification obligations or your breach of the section entitled ‘restrictions on the use of the service.’
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary, or punitive damages, losses, or expenses (including but not limited to business interruption, lost business, or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising from your indemnification obligations or your breach of the section entitled ‘restrictions on the use of the service.’ These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising from either party’s gross negligence, fraud, or willful misconduct.
Term and Termination
These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using HiNote’s free offering when your account is deleted or terminated.
Violations. If HiNote, in its sole discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, HiNote’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) HiNote may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.
If you break the rules, we have the right to remove you and everything in your account from the Service.
Effect of Termination. In the event of termination of your subscription for cause due to default by HiNote, HiNote shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. If you terminate your subscription to a violation by you, you will not receive any refund. You shall immediately pay any outstanding fees for the remaining subscription period. Upon expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Designs, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after the expiration or termination of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Designs using the functionality of the Service before the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any HiNote Service unless you receive HiNote’s written permission.
Survival of Terms. Sections titled “Term and Termination,” “Billing,” “HiNote’s Intellectual Property,” “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive shall survive any expiration or termination of these Terms.
Miscellaneous
Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. HiNote agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with its provision of the Service.
Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts in California, and the parties consent to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to these Terms.
Export Restrictions. The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit HiNote from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
Dispute Resolution. If you have a dispute arising out of these Terms, contact us here and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute, you and HiNote each agree to resolve any claim, dispute, or controversy (excluding any HiNote claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and HiNote agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and HiNote are each waiving the right to a trial by jury or to participate in a class action.
Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
Waiver. HiNote’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect HiNote’s ability to enforce any provision thereafter.
Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means. DMCA. We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on HiNoteApp.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
Changes to the Service. HiNote may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service at any time. If you are on a paid subscription and HiNote discontinues the Service you are using during your subscription, HiNote will migrate or make available to you a substantially similar service provided by HiNote (if available) and if it’s unable to do so, HiNote will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription. Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and HiNote with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and HiNote, whether written or oral, concerning the Service, including previous versions of the Terms. The English version of these Terms will control.