Terms & Conditions of Use
Last updated: 10/08/2024
HaveYouMet Inc. and its affiliates (collectively, the “Company”) provides:
(1) application software that may be downloaded to your mobile device (“App”);
(2) a HYM user Account that may be accessed within App;
(3) services accessible through App and subscription services to maintain or enjoy special products and services associated with the HYM user Account (“Services”), all for use in conjunction with each other and in other ways that the Company provides, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto and services provided thereby (“HYM Products and Services”).
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement made between you and Company and govern your access to and use of the HYM Products and Services. Please read these Terms carefully. Your use of any of the HYM Products and Services indicates that you have read, accepted and agreed to these Terms and any other applicable document referred to herein. The Privacy Policy and Safety Tips are incorporated herein and made an integral part of these Terms.
Supplemental terms and conditions or documents that may be posted on the HYM Products and Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our HYM Products and Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the HYM Products and Services after the date such revised Terms are posted.
YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE HYM PRODUCTS AND SERVICES WE DO NOT GUARANTEE ANY NUMBER OF REFERRALS TO YOU. RATHER, THE HYM PRODUCTS AND SERVICES ALLOWS YOU TO CREATE YOUR OWN PROFILE AND VIEW OTHER USERS’ PROFILES IN ACCORDANCE WITH YOUR CHOSEN SETTINGS.
The information provided on the HYM Products and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the HYM Products and Services from other locations do so on their own initiative. You are solely responsible for compliance with all applicable laws and therefore you hereby hold Company free and harmless from all claims arising from your illicit acts and omissions.
Your use of the HYM Products and Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ASSENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND HONOR ALL TRANSACTIONS YOU ENTER INTO. The term “you,” as used in these Terms, means any person or entity who accesses or uses the HYM Products and Services and any person or entity who creates an Account and accepts these Terms. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE SERVICES.
These Terms give you specific legal rights, but you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
A. ELIGIBILITY AND REQUIREMENTS
To use the HYM Products and Services, you must register for a user account (“Account”), which will require the disclosure of certain personal information. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not use the HYM Products and Services if you are a (a) person who is not at least 18 years old; (b) person who is barred from receiving the HYM Products and Services under the laws of any country including the country in which you are a resident or from which you are using the HYM Products and Services; (c) person convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and a (d) person required to register as a sex offender with any state, federal or local sex offender registry.
You represent and warrant that all information you submit is truthful and accurate and that your use of the HYM Products and Services does not violate any U.S. or other applicable law or regulation. By using the HYM Products and Services, you hereby expressly acknowledge and agree that you are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You acknowledge that you provide your personal information at your own risk. The Company is not liable for any loss or damage arising from your failure to comply with these Terms.
The HYM Product and Services will not be accessible without:
(1) A wireless connection (such as via Wi-Fi or cellular data network) that works continuously and with sufficient bandwidth in the location where the HYM Products and Services are sought;
(2) A HYM Account; and
(3) A computer, smartphone or tablet.
It is your responsibility to ensure that you have all of the foregoing and that they are compatible and properly configured. You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the HYM Products and Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms and conditions of your ISP and Carrier. You acknowledge that the HYM Products and Services may not work as described when the requirements and compatibility have not been met.
While HYM strives to serve customers from all locations, our services are currently available only in New York City (“Service Area”). By using the HYM Products and Services, you consent to HYM providing said limited services only within the Service Area, and you are responsible for all commuting and traffic costs and expenses both within and outside the Service Area. Should you decide to move away from the Service Area or become impaired to travel and meet other users in the Service Area, you should consider deleting your Account and cancelling any In App Purchases or subscriptions you made immediately, as no refunds shall be made to you for any portion of the HYM Products and Services that you may claim were of no benefit to you due to your change in circumstances. When you access your Account outside the Service Area, you represent and warrant that you remain able and willing to commute to the Service Area, therefore your Account does not need to be de-activated or restricted by us.
B. USER REPRESENTATIONS
By using the HYM Products and Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms;
(4) you have read the Safety Tips and acknowledge that you alone are responsible for any decisions you make to communicate or meet with other users of the HYM Products and Services;
(5) you are not under the age of 18;
(6) you are not under guardianship in the jurisdiction in which you reside;
(7) you are not a person convicted of or pled no contest to a felony, a sex crime, or any crime involving violence;
(8) you are not a person required to register as a sex offender with any state, federal or local sex offender registry;
(9) you will not access the HYM Products and Services through automated or non-human means, whether through a bot, script, or otherwise;
(10) you will not use the HYM Products and Services for any illegal or unauthorized purpose; and
(11) your use of the HYM Products and Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the HYM Products and Services (or any portion thereof).Although Company is not obligated to do so, you agree that Company may conduct any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.
C. INTERACTIONS WITH OTHERS
Please review our Safety Tips. You agree to use caution in all your interactions with other users, including any decision to communicate, meet or share any information (personal, financial, or otherwise) to other users.
The Company is not required and does not conduct criminal background checks on its users or otherwise inquire into the background of its users and therefore Company does not make any representations or warranties as to the character or conduct of its users.
Company is not responsible for any user’s behavior—including yours—or for any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to their use of the HYM Products and Services.
You agree that we, our affiliates, and our third-party partners may place advertising on the HYM Products and Services.
Our Company may also utilize third-party tools, such as those needed to validate your photos. We disclaim any liability in the event these tools fail or render inaccurate reports.
The HYM Products and Services may contain (or you may be sent via the HYM Products and Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not endorsed by us, investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the HYM Products and Services or any Third-Party Content posted on, available through, or installed from the HYM Products and Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the HYM Products and Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites to which you navigate from the HYM Products and Services or relating to any applications you use or install from the HYM Products and Services. Any purchases you make through Third-Party Websites will be independent from the HYM Products and Services, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You understand that certain dating activities provided by third parties may require the payment of fees, such as ticket prices or dining expenses. These third-party service fees are not included in any service or subscription fees that HYM may charge. HYM is not responsible for any inconvenience, delays, unavailability, harm, cancellation fees, disputes, or other costs and damages associated with these activities.
You are solely responsible for any cancellation fees imposed by third-party service providers. HYM will not be liable for costs incurred due to cancellations by you or the third party. In the event of disputes between you and third-party service providers, such disputes must be resolved directly between the parties involved. HYM will not act as a mediator nor be held accountable for resolving these disputes.
You agree and acknowledge that you hold us free and harmless from any harm or losses caused by your dealings with third parties or access to any Third Party Website or Third Party Content.
D. PROHIBITED ACTIVITIES
You may not access or use the HYM Products and Services for any purpose other than that for which we make the HYM Products and Services available. The HYM Products and Services may not be used in connection with any commercial endeavors.
As a user of the HYM Products and Services, you agree not to:
(1) Systematically retrieve data or other content from the HYM Products and Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) Trick, stalk, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(3) Circumvent, disable, or otherwise interfere with security-related features of the HYM Products and Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the HYM Products and Services and/or the Content contained therein.
(4) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the HYM Products and Services.
(5) Use any information obtained from the HYM Products and Services in order to harass, abuse, or harm another person.
(6) Post any material that is hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
(7) Make improper use of our support services or submit false reports of abuse or misconduct.
(8) Use the HYM Products and Services in a manner inconsistent with any applicable laws or regulations or encourage or promote any activity that violates these Terms.
(9) Engage in unauthorized framing of or linking to the HYM Products and Services.
(10) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the HYM Products and Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the HYM Products and Services.
(11) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(12) Delete the copyright or other proprietary rights notice from any Content.
(13) Attempt to impersonate another user or person or use the username or Account of another user.
(14) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other spyware or similar devices.
(15) Interfere with, disrupt, or create an undue burden on the HYM Products and Services or the networks or services connected to the HYM Products and Services.
(16) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the HYM Products and Services to you.
(17) Attempt to bypass any measures of the HYM Products and Services designed to prevent or restrict access to the HYM Products and Services, or any portion of the HYM Products and Services.
(18) Copy or adapt Company software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(19) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the HYM Products and Services, or test the vulnerability of the HYM Products and Services.
(20) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the HYM Products and Services, or using or launching any unauthorized script or other software.
(21) Use a buying agent or purchasing agent to make purchases on the HYM Products and Services.
(22) Make any unauthorized use of the HYM Products and Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(23) Use the HYM Products and Services as part of any effort to build a similar or competitive product or service or otherwise use the HYM Products and Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
(24) Use the HYM Products and Services to advertise or offer to sell goods and services.
(25) Sell or otherwise transfer your Account or profile.
(26) Express or imply that Company endorses any statements that you make.
Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the HYM Products and Services, including termination of your Account without refunding you of any purchases or subscriptions you have made.
E. RIGHTS GRANTED TO YOU
If you download our App from either the Apple Store or Google Play (each an “App Distributor”) to access the HYM Products and Services, the following shall likewise apply:
(1) The license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and shall be limited in accordance with the usage rules set forth in the applicable App Distributor’s terms of service which you acknowledge is your responsibility to review;
(2) We will provide any maintenance and support services with respect to the App as specified herein or as otherwise required under applicable law. You acknowledge and agree that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(3) In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, however the App Distributor, to the maximum extent permitted by applicable law, shall have no warranty obligation whatsoever with respect to the App apart from what they each allow under their own respective terms and policies.
(4) You represent and warrant that you are neither (a) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, nor are you (b) listed on any U.S. government list of prohibited or restricted parties.
(5) You must comply with any applicable third party terms and conditions of use when using the App (e.g., your wireless network or cellular data carrier); and
(6) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this license against you as a third-party beneficiary thereof.You may access the HYM Products and Services through App even without a subscription. However, HYM may offer special products or services for purchase through App Distributors, such as HYM offers profile recommendations, matching, and one-click date design services. Should you choose to purchase said special products and services (“In App Purchases”), your App Distributor account will be charged in accordance with the terms disclosed to you at the time of purchase as well as the App Distributor’s own terms and policies. Some App Distributors may charge you sales tax, depending on where you live.
If the App Distributor rejects your purchase, you should contact their support lines for help. Similarly, any failures by the App Distributor to collect payments from you or transfer payments to HYM in a timely manner to maintain your subscription do not fall under our Company’s responsibility.
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not HYM. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting HYM Customer Service at service@haveyoumet.co, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account.
Cancellation notice shall be sent to the following:
Attention: HAVEYOUMET INC.
Address: 127 W 30st St, 9th Floor, New York City, NY 10001, USA
If you purchase a periodic subscription that automatically renews, your App Distributor account will continue to be billed for each automatically renewed subscription period at the price you agreed to when you first subscribed until you make a change or cancel the subscription. Subscription periods may vary from monthly, quarterly, semi-annually, to annually. Subscription periods can be suspended for a period of one (1) year by providing written notice to the same address and format specified above, otherwise it shall run for the entire duration of the applicable term until it is otherwise changed or cancelled.
Please note that deleting your Account on HYM or deleting the App from your device does not cancel your subscription. If you do not wish your subscription to automatically renew, or if you want to change or terminate your subscription, you will need to log into your App Distributor account and follow instructions to change or cancel your subscription. Upon a change or cancellation, you may enjoy your In App Purchase until the end of the applicable subscription period depending on the date on which the subscription was set to automatically renew.By downloading our App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of the license contained in this section as well as these Terms.You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the App;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.Upon any access to our Site, the successful set up of your Account, or the installation of the App on your device, Company grants you a non-exclusive, fully revokable, non-transferable right to access and use the HYM Products and Services solely for your personal, non-commercial, lawful purposes and in accordance with these Terms.Unless otherwise indicated, the HYM Products and Services is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the HYM Products and Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the HYM Products and Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the HYM Products and Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.We reserve all rights not expressly granted to you in and to the HYM Products and Services, the Content and the Marks.
F. USER GENERATED CONTRIBUTIONS
The HYM Products and Services may prompt you to chat, contribute to, or participate in surveys, discussions, or other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, or broadcast content and materials to us or on the HYM Products and Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the HYM Products and Services and possibly through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the HYM Products and Services, and other users of the HYM Products and Services to use your Contributions in any manner contemplated by the HYM Products and Services and these Terms.
(3) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the HYM Products and Services and these Terms.
(4) Your Contributions are not false, inaccurate, or misleading.
(5) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(6) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(7) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(8) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
(9) Your Contributions do not violate any applicable law, regulation, or rule.
(10) Your Contributions do not violate the privacy or publicity rights of any third party.
(11) Your Contributions do not violate any applicable law concerning hate speech, child pornography, or otherwise intended to protect the health or well-being of minors.
(12) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
(13) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.Any use of the HYM Products and Services in violation of the foregoing harms our reputation and violates these Terms and may therefore result in, among other things, termination or suspension of your rights to use the HYM Products and Services without refunding you of any purchases or subscriptions you have made.
G. RIGHTS YOU GRANT US
By creating an Account and posting your Contributions to any part of the HYM Products and Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any space on the HYM Products and Services. You are solely responsible for your Contributions to the HYM Products and Services and you expressly agree to exonerate and indemnify us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the HYM Products and Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice, without refunding you of any purchases or subscriptions you have made. However, we have no obligation to monitor your Contributions.
You also acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the HYM Products and Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original and made by you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
H. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the HYM Products and Services infringes upon any copyright you own or control, please immediately notify our Company’s Copyright Agent using the contact information provided below (a “Notification”):
Attention: Copyright Compliance Department
Address: 127 W 30st St, 9th Floor, New York City, NY 10001, USA
Email: legal@haveyoumet.co
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not sure that material located on or linked to by the HYM Products and Services infringes your copyright, you should first consider contacting an attorney and getting legal advice.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the HYM Products and Services are covered by the Notification, a representative list of such works on the HYM Products and Services;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
HYM will terminate the accounts of repeat infringers.
On the other hand, if you believe your own copyrighted material has been removed from the HYM Products and Services as a result of a mistake or misidentification, you may submit a written counter notification to using the same contact information of our Company’s Copyright Agent specified above (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(6) your physical or electronic signature.
If you send us a valid written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
I. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the HYM Products and Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the HYM Products and Services is hosted in the United States but is offering limited services only to the Service Area.
If you access the HYM Products and Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the HYM Products and Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States and elsewhere.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us, we will delete that information from the HYM Products and Services as quickly as is reasonably practical.
User Data
We will maintain certain data that you transmit to the HYM Products and Services for the purpose of managing the performance of the HYM Products and Services, as well as data relating to your use of the HYM Products and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the HYM Products and Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, And Signatures
Visiting the HYM Products and Services, making In App Purchases, sending us emails, chatting with our support team and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the HYM Products and Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE HYM PRODUCTS AND SERVICES. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ASSENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND HONOR ALL TRANSACTIONS YOU ENTER INTO. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
K. Data Processing After Account Deletion
When a user decides to delete their account, we commit to handling their personal data in accordance with the following process, ensuring the security, compliance, and transparency of all actions taken:
(1) Impact of Account Deletion
When a user requests to delete their account, all personal data associated with that account will be removed from our primary systems. The data subject to deletion includes, but is not limited to:
• User profile information (such as name, email address, photos, personal descriptions, etc.)
• Match and interaction history
• Account preferences and historical activity records
(2) Complete Data Deletion
User personal data will be deleted from our systems within a reasonable timeframe following the account deletion request. While the deletion process begins immediately, some data may persist temporarily in backup systems or caches before being fully removed. Such data is retained solely for technical purposes and will no longer be used for any business activities.
(3) Data Retention for Legal Obligations
Although a user’s account and personal data will be deleted, certain categories of data may need to be retained to comply with legal obligations or to fulfil our legitimate business needs. These situations include, but are not limited to:
• Financial and Payment Records: In order to meet tax, audit, and financial compliance requirements, transaction records such as payment amounts, transaction dates, and payment methods may be retained for at least 7 years, or for the minimum period required by applicable local laws.
• Legal Disputes or Compliance: If a legal dispute arises involving the user, or if compliance with regulatory investigations is necessary, relevant data may be retained until the dispute is fully resolved. Such data may be retained for up to 6 years, depending on the legal requirements.
• Fraud Prevention and Security: To prevent fraud, misuse of our platform, or other illegal activities, we may retain certain security-related data for up to 5 years. This retention ensures we can investigate and take action against any potential security threats or violations.
(4) Anonymized and Aggregated Data
We may retain anonymized or aggregated data derived from user information for statistical analysis, service improvements, or other business purposes. Such data will no longer be associated with individual users and will not be used to identify any specific person. Anonymized data may be retained indefinitely to support ongoing business operations and product development.
(5) Data Retention Periods
We determine how long data will be retained based on the following criteria:
• Financial and Legal Obligations: Data such as financial transactions and compliance-related information will be retained for at least 7 years, in line with tax and financial regulations.
• Security and Fraud Prevention: Security-related data may be retained for up to 5 years to ensure the integrity of our platform.
• Legal Disputes: Data involved in ongoing legal disputes will be retained until the dispute is fully resolved, which may extend the retention period to 6 years or longer, depending on legal requirements.
• Anonymized Data: Data that has been fully anonymized can be retained indefinitely, as it no longer identifies any individual and is only used for analytical or operational purposes.
At the end of the relevant retention periods, all personal data will either be securely deleted or irreversibly anonymized, ensuring that it can no longer be linked back to the user.
(6) User Rights
In accordance with applicable data protection laws, users retain specific rights even after account deletion, including but not limited to:
• Right to Access: Users may request access to any data that we are required to retain for legal reasons.
• Right to Rectification: Users may request the correction of personal data, though most personal data will no longer exist after account deletion.
• Right to Erasure: Users may request the deletion of any remaining data unless retention is required by law.
(7) Data Security Measures
We are committed to ensuring the security of all data retained after account deletion. We continue to implement appropriate technical and organizational measures to safeguard any retained data from unauthorized access, disclosure, or misuse.
(8) Changes to this Section
This section of the Terms of Use may be updated periodically to reflect changes in applicable law, business needs, or technological advancements. We encourage users to regularly review the Terms of Use to stay informed of any updates.
K. RESERVATION OF RIGHTS; DISCLAIMER; LIMITATION OF LIABILITY
We reserve the right, but not the obligation, to:
(1) Monitor the HYM Products and Services for violations of these Terms;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user or incidents to law enforcement authorities;
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable your Account or (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) In our sole discretion and without limitation, notice, or liability, to remove from the HYM Products and Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) Otherwise manage the HYM Products and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the HYM Products and Services.
We reserve the right to change, modify, or remove the contents of the HYM Products and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our HYM Products and Services. We also reserve the right to modify or discontinue all or part of the HYM Products and Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the HYM Products and Services.
We cannot guarantee the HYM Products and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the HYM Products and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the HYM Products and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the HYM Products and Services during any downtime or discontinuance of the HYM Products and Services. Nothing in these Terms will be construed to obligate us to maintain and support the HYM Products and Services or to supply any corrections, updates, or releases in connection therewith.
There may be information on the HYM Products and Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the HYM Products and Services at any time, without prior notice.
THE HYM PRODUCTS AND SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE HYM PRODUCTS AND SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HYM PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE HYM PRODUCTS AND SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE HYM PRODUCTS AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HYM PRODUCTS AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HYM PRODUCTS AND SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE HYM PRODUCTS AND SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HYM PRODUCTS AND SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HYM PRODUCTS AND SERVICES, ANY HYPERLINKED WEBSITES, OR ANY WEBSITES OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE HYM PRODUCTS AND SERVICES; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE HYM PRODUCTS AND SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWENTY-FOUR (24) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the HYM Products and Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the HYM Products and Services with whom you connected via the HYM Products and Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
L. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the HYM Products and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE HYM PRODUCTS AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR EVEN FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE HYM PRODUCTS AND SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION, WITHOUT A REFUND FOR ANY FEES YOU MAY HAVE PAID.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
M. GOVERNING LAW
These Terms and your use of the HYM Products and Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
N. DISPUTE RESOLUTION
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD OTHERWISE HAVE HAD THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, New York. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in New York County, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are excluded from these Terms.
In no event shall any dispute brought by either party related in any way to the HYM Products and Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
O. OTHER TERMS
These Terms, the Privacy Policy, Safety Tips, any other policies or operating rules posted by us on App or in respect to the HYM Products and Services or In App Purchases constitute the entire agreement and understanding between you and our Company. The Company reserves the right to make changes to these Terms. You should ensure that you have read and agree with our most recent Terms when you use the HYM Products and Services. Continued use of the HYM Products and Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Waivers are effective only if in writing and signed by a duly authorized officer of the Company. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions which shall remain unimpaired.These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without notice to or approval from you. On the other hand, your account is non-transferable and, unless otherwise terminated and deleted by you, your Account, your Contributions and the rights that we grant you under these Terms terminate upon your death.We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the HYM Products and Services.You agree that these Terms will not be construed against us by virtue of having drafted them. Remember that if you do not agree to any of these Terms, you should not use any of the HYM Products and Services. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Contact Us
In order to resolve a complaint regarding the HYM Products and Services or to receive further information regarding use of the HYM Products and Services, please contact us at: legal@haveyoumet.co.