Terms EULA

Age

You must be at least 16 years old to register for and use our services (or such greater age required in your country or territory for you to be authorized to register for and use our services without parental approval). In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our terms in your country or territory, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you.

Device and software

You must provide certain devices, software, and data connections to use our services, which we otherwise do not supply. In order to use our services, you consent to manually or automatically download and install updates to our services. You also consent to our sending you notifications via our services from time to time, as necessary to provide our services to you.

Fees and taxes

You are responsible for all carrier data plans, internet fees, and other fees and taxes associated with your use of our services.

Privacy and user data

Hangouti cares about your privacy. Hangouti’s privacy policy describes our data practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.

Acceptable use of our services - our terms and policies

You must use our services according to our terms and posted policies. If you violate our terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "termination" section below.

Acceptable use of our services - legal and acceptable use

You must access and use our services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our services in ways that: (a) violate, misappropriate, or infringe the rights of Hangouti, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our services unless otherwise authorized by us.

Acceptable use of our services – harm to Hangouti or our users

You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our services; (b) send, store, or transmit viruses or other harmful computer code through or onto our services; (c) gain or attempt to gain unauthorized access to our services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our services; (e) create accounts for our services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our services or data obtained from us or our services in an unauthorized manner; (h) distribute or make our services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our services; (i) create software or apis that function substantially the same as our services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

You are responsible for keeping your device and your Hangouti account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our services

Licenses – your rights

Hangouti does not claim ownership of the information that you submit for your Hangouti account or through our services. You must have the necessary rights to such information that you submit for your Hangouti account or through our services and the right to grant the rights and licenses in our terms.

Licenses – Hangouti rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission and except in accordance with our guidelines.

Licenses – your license to Hangouti

In order to operate and provide our services, you grant Hangouti a worldwide, non- exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our services. The rights you grant in this license are for the limited purpose of operating and providing our services (such as to allow us to display your profile picture and Hangouti message, photos, hangouts, transmit your messages, and store your undelivered messages on our servers as we try to deliver them).

Licenses – Hangouti’s license to you

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non- transferable license to use our services, subject to and in accordance with our terms. This license is for the sole purpose of enabling you to use our services in the manner permitted by our terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting infringement

We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. Disabling or suspending your account will be in accordance with the "termination" section below.

Disclaimers and release

You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Hangouti parties”) from any claim, complaint, cause of action, controversy, dispute, or damages (together, “claim”), known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third-parties. Your rights with respect to the Hangouti parties are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.

Limitation of liability

The Hangouti parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services (however caused and on any theory of liability, including negligence), even if the Hangouti parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Hangouti parties will be limited to the fullest extent permitted by applicable law.

Indemnification

If anyone brings a claim ("third-party claim") against us related to your actions, information, or content on Hangouti, or any other use of our services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Hangouti parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our services, including information and content provided in connection therewith; (b) your breach of our terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any third-party claim. Your rights with respect to Hangouti are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.

Availability and termination of our service

We are always trying to improve our services. That means we may expand, add, or remove our services, features, functionalities, and the support of certain devices and platforms. Our services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our services, such as events in nature and other force majeure events We may modify, suspend, or terminate your access to or use of our services anytime for any reason, such as if you violate the letter or spirit of our terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. The following provisions will survive any termination of your relationship with Hangouti: "licenses," "disclaimers and release," "limitation of liability," "indemnification," "availability and termination of our services," "other,"

According to Section 3.8(b) of Apple: You clearly and conspicuously disclose to users the following information regarding Your auto-renewing subscription

Title of publication or service.

Length of subscription (time period and/or content/services provided during each subscription period).

Price of subscription, and price per unit if appropriate.

Payment will be charged to iTunes Account at confirmation of purchase.

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Links to Your Privacy Policy and Terms of Use.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

Other

Unless a mutually executed agreement between you and us states otherwise, our terms make up the entire agreement between you and us regarding Hangouti and our services, and supersede any prior agreements.

We reserve the right to designate in the future that certain of our services are governed by separate terms (where, as applicable, you may separately consent).

Our services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our services in any country or territory.

Our terms are written in English (United States). Any translated version is provided solely for your convenience. To the extent any translated version of our terms conflicts with the English version, the English version controls.

Any amendment to or waiver proposed by you of our terms requires our express consent.

We may amend or update these terms. We will provide you notice of material amendments to our terms, as appropriate, and update the "effective date" at the top of our terms. Your continued use of our services confirms your acceptance of our terms, as amended. We hope you will continue using our services, but if you do not agree to our terms, as amended, you must stop using our services by deleting your account.

All of our rights and obligations under our terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these terms will continue to govern your relationship with such third-party. We hope you will continue using our services, but if you do not agree to such an assignment, you must stop using our services by deleting your account after having been notified of the assignment.

You will not transfer any of your rights or obligations under our terms to anyone else without our prior written consent. Nothing in our terms will prevent us from complying with the law.

Except as contemplated herein, our terms do not give any third-party beneficiary rights.

If we fail to enforce any of our terms, it will not be considered a waiver.

If any provision of these terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our terms and shall not affect the validity and enforceability of the remaining provisions of our terms, and the remaining portion of our terms will remain in full force and effect.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our terms are not intended to limit such consumer legal rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about Hangouti and our services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.