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Terms of Service

Legally-speaking, this is the set of rules that you have to agree to in order to use the product. You’ll find all the usual suspects here; limited-liability, jurisdiction, etc.

Keep in mind that just by using Hiomans, or logging in, you’re automatically agreeing to the following terms.

1. General

  1. By using any of the Hiomans products, software, or services available at .hiomans.com (or .hiumans.com and other top-level domains) (collectively referred to as “Services”) provided by CHAMLABS LLC (“Hiomans”), you agree to be bound by the following terms and conditions (“Terms of Service”).
  2. Hiomans reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: https://www.hiomans.com/terms
  3. The failure of Hiomans to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  4. You agree that Hiomans owns all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use Hiomans’s trademarks, trade names, brands, domain names, or other distinctive brand features.
  5. Violation of any of the terms below can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
  6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
  7. These Terms of Service constitute the entire agreement between you and Hiomans and replace all previous agreements under this title. There are no verbal subsidiary agreements.
  8. These Terms of Service, and your relationship with Hiomans under these Terms of Service, shall be governed by the laws of United States of America. You and Hiomans agree to submit to the exclusive jurisdiction of the courts located in Delaware, USA, to resolve any legal matter arising from the Terms of Service.

2. Provision of the Services by Hiomans

  1. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.
  2. Hiomans does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
  3. You understand and agree that Hiomans shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Hiomans may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
  4. Technical support is provided on a best-effort basis and only by e-mail.
  5. You understand that Hiomans can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
  6. Hiomans may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Hiomans’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

3. Use of the Services by you

  1. You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. For certain services, Hiomans may offer or require you to register for a user-account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your user-account and password. User-accounts registered by bots or other automated methods are not permitted.
  3. For certain services, Hiomans may offer to upload your personal profile photo. You are responsible to not upload an abusive photo, to not infringe on any copyrights or trademarks, and to not use a design which other Hiomans users may deem offensive.
  4. For certain services, Hiomans may offer to define a personal URL (web address). You understand that Hiomans can rename or reject your personal URL, e.g., if you intentionally or unintentionally interfere with a trademark owner or because your personal URL is deemed offensive.
  5. You agree that you will not impersonate another person.
  6. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  7. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Hiomans.
  8. You agree that you are solely responsible for (and that Hiomans has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Hiomans may suffer) of any such breach.
  9. You agree to Hiomans’s privacy policy, as available at https://www.hiomans.com/privacy.
  10. Hiomans reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Hiomans’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

4. API Terms

Any use of the application programming interface (API) is bound by the terms of this agreement plus the following specific terms:

  1. Abuse or excessively frequent requests via the API may result in the temporary or permanent suspension of access to the API. Hiomans determines abuse or excessive usage of the API at its sole discretion.
  2. Hiomans reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. Hiomans especially reserves the right to limit the number of requests via the API to a certain upper limit per time interval.
  3. Your use of the API is free of charge up to a certain extent. Larger amounts of API transactions will be charged or will be part of Premium Hiomans services tiers.
  4. Hiomans reserves the right to change the API’s pricing model at any time. In such a case, you will of course be free to discontinue using the API.
  5. As a user of the API, you may, within your product, indicate that your product utilizes the Hiomans API. At other places or in other contexts, however, you may not use either the Hiomans brand name or the Hiomans logo. In particular, you may not use either the Hiomans brand or the Hiomans logo in the name of your product.

5. Modifications to the Prices

  1. Prices of all Services are subject to change. If they change, the changes do not affect running product or services but will take effect only for any subsequent service period you choose to purchase.
  2. Hiomans is not liable to you or to any third party for any price change.

June 2021

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