End User License Agreement
January 10th, 2023, by hayami.appPlease read this End User License Agreement (a.k.a “EULA”, “License Agreement”) before You purchase a License for the Software and subsequently download and use the Software.
By purchasing a License and/or downloading and/or using the Software, you agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License and/or download and/or use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have the full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract in your country/state.
1. Definitions
“We” a.k.a. “us”, or “hayami.app”. Developer(s) of Hayami.
“Documentation” is the detailed information about the Software, its features, and the system requirements as made available on the website of hayami.app, as amended from time to time.
“Open Source Software” is any software that requires as a condition of use, copying, modification, and/or distribution of such software that such software or other software incorporated into, derived from, or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
“Beta Version” is the license for the Software for public testing before version 1.0.
“Stable Version” versions with version numbers equal to or greater than 1.0, exclude Beta Versions.
“Dev Version” versions with version number ending with “-dev”, those versions are used for public testing purposes after v1.0.
“Full Version” is the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as a stand-alone product or as part of a subscription) to Use the Software.
“Trial Version” is the license for the Software for the term of N days to Use the Stable version of Software for the sole purpose of testing and evaluating the Software. (N will be decided by us in the future). This license is when Hayami reaches v1.0.
“Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
“Major Update” updates that introduce major version number changes, for example, from 1.x to 2.x is a Major Update, and from 1.1.x to 1.2.x is not.
“Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
“You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
General
This EULA applies to any licenses granted to You by us for the use of the Software.
By purchasing a License for the Software and/or downloading and using the Software, You enter into this EULA with us.
2. Changes to the License Agreement and the Website/Product
Hayami is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major changes in a prominent way.
Your continued use of the Hayami following the publishing of the updated License Agreement means that you accept and agree to the changes.
The published License Agreement not only applies to current beta versions but also applies to all versions and future updates of Hayami.
3. License
We grant You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. We reserve all rights not expressly granted to You.
We are and remain the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License or Your Use of the Software.
4. Permitted use and restrictions
In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the hayami.app website. The system requirements may be changed in future updates.
You shall use the Beta version, Full version, or Trial version in accordance with applicable laws and shall NOT:
Use the Trial version on any system where the Trial version was previously Used and expired;
rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License, the Full version, or the Trial version;
Assign the License, the Full version, or the Trial version without our prior written approval of us;
Use the Beta Version, Full version, or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
Use the Beta Version, Full version, or Trial version for commercial usage, without a license code;
Delete or alter any disclaimers, warnings, copyright, or other proprietary notices accompanying the Software; or
Adapt (except as otherwise provided in this EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License or any parts thereof, except to the extent permitted by applicable law.
We may modify the Software at any time at its sole discretion and without notice to You, for example, to comply with applicable law or court order, to avoid a third-party infringement claim, or to provide Updates and upgrades.
You are allowed to use the Full Version on any devices you own within the amount license allows, manage or have the privilege to install and run apps on it. You are allowed to use the Full version for personal purposes, commercial purposes, and other purposes excluding clause 4.2.
5. Maintenance and support
We will notify You of major Updates and upgrades via in-app notifications.
You will be entitled to receive Updates free of charge if the license you own allows it.
After you upgrade from the Beta Version to Stable Version, if no License is provided, you would start using Trial Version automatically.
You could upgrade or downgrade Hayami as you like, but we will delete older versions from our website after a long time period or we find it contains serious bugs.
Any maintenance and support provided by us, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to the availability of personnel.
For issues about Hayami, please contact us and provide the necessary information for us to locate the issue, please notice:
We are not able to provide further help without your cooperation, including providing basic or necessary information for us to locate the issue or assist you, etc.
We will try to solve the user’s issue, but we cannot guarantee all requests are satisfied, or our app will be bug-free on all devices.
We reverse the right to refund your purchase or revoke your license, if you insult, defame, or are extremely rude when communicating with us.
6. Use of data
See Private Policy
7. Disclaimer
You Use the Software at Your own risk and the entire risk as to the satisfactory quality, performance and accuracy is with You.
We are working hard on improving Hayami, but we can’t guarantee that is it bug-free. Therefore, your use of Hayami is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, nonexclusive, nontransferable license to use the Website.
8. Liability limitation
We and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
The limitations of liability referred to in clause 8.1 shall not apply in the event that: (i) any negligence on the part of Hayami leads to death or physical injury or (ii) damages arising from the intent, willful misconduct, or gross negligence of us or the management of us.
9. Governing law
These Terms are governed by the law of the place where the Owner is based (Shanghai, China), as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail, unless there are conflicts with the governing laws and orders of PRC.
10. Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based (Shanghai, China), as displayed in the relevant section of this document.
11. Dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided on our website.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified on our website.
12. Termination
This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.
The Full version or Trial version will terminate automatically at the end of the applicable license term unless renewed or Activated prior to the end of the applicable license term.
We are entitled to terminate the Full version or Trial version by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License within the applicable payment term, or in the event, Hayami is required to do so by law or an order of an applicable court.
Upon termination of the Full version or Trial version, You shall cease all use of the Software and shall destroy all copies thereof.
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
13. Refund policy
If you are not completely satisfied with his purchase, you may request a FULL REFUND within 7 days from the purchase date. No refunds will be issued after 7 days from the purchase date. All requests for refunds must be submitted in writing to us (see Feedback).
14. Feedback
We welcome any comments, questions, and communication at support@hayami.app
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