Hello from Haloha! We welcome you to access and use the Daily Haloha Mobile Application (“App”); however, please note that your invitation is subject to your agreement with the Haloha Terms of Service (“Agreement”). This Agreement is a binding agreement between you (“User” or “you”) and Haloha, LLC (“Haloha” or “we” or “us” or “ours”) and covers your access to and use of our services, including but not limited to our App, Website, widgets, ads, push notifications (the “Services”), and any information, text, links, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By using the App, you agree to be bound by the Agreement. If you do not agree to these terms, please do not use the App and delete it from your mobile device.
1. Who May Use the Services
Our Services do not address anyone under the age of 16. We do not knowingly collect personal information from anyone under the age of 16. If we learn that we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
3. Content on the Services
When you use the App, you will be able to submit text questions and answers anonymously (but in connection with your chosen and defined location) (we call these “User Posts”). You agree not to post, store, create, or otherwise publish or send through the App any User Posts that violate our Community Guidelines, specified in Section 5, which we may update from time to time. Daily Haloha has the right to delete or remove any User Posts that we, in our sole discretion, view as a violation of the Agreement or our Community Guidelines or for any other reason.
Any use or reliance on any User Posts posted via the App or obtained by you through the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the App, you may be exposed to User Posts that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All User Posts are the sole responsibility of the person who originated such Content. We strive to monitor or control the User Posts posted as best as we can via the App; however, we cannot take responsibility for any User Posts.
If you submit or post User Posts to the App, you grant Daily Haloha a nonexclusive, royalty-free, worldwide, and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Posts in any media (now known or not yet developed), including in connection with Haloha’s marketing and promotional activities. You agree that this license includes the right for Haloha to make User Posts available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services. You further grant Daily Haloha the right to publicly display your chosen and defined location in connection with User Posts.
Daily Haloha does not control, take responsibility for or assume liability for any User Posts or any loss or damage related to User Posts. You may only post User Posts that (a) are non-confidential; (b) you have all the necessary rights to post to the App; (c) are accurate and not misleading or harmful in any manner; and (d) do not and will not violate the Agreement, including but not limited to our Community Guidelines, or any applicable law, rule, or regulation.
Daily Haloha only collects user-provided information including but not limited to email addresses, passwords, and geographic location. No information will be collected through automatic means (including, for example, cookies, and web beacons) to collect information about your Mobile Device or about your use of the App. Your User Posts will post anonymously and we will not release user-provided personal information, unless required by applicable law, regulatory authority, judicial authority or to investigate claims that you are in breach of this Agreement.
4. Using the Services
Daily Haloha grants you a limited, non-exclusive, and nontransferable license to download and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”). You acknowledge that the App is provided under license and not sold to you. You do not acquire any ownership interest in the App under this Agreement or any other rights other than to use the App in accordance with the license granted and subject to the Agreement.
Daily Haloha shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein, except as expressly granted to you in this Agreement. You agree that your use of the App will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the App and you use the App at your own risk. You further agree not to:
Use the App in any manner that could inhibit other users from fully enjoying the App or that could damage or impair the functioning of the App;
- Track, attempt to contact or contact any other users of the App without their express prior written permission;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the App for the purpose of sending commercial messages
Attempt to reserve engineer any aspect of the App or attempt to create derivative works or improvements of the App
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App
Rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason;
Use or attempt to use another user’s account without authorization from such user and Daily Haloha
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App;
Develop any third-party application that interacts with the App without Daily Haloha’s prior written consent;
Use any automated means or interface not provided by Daily Haloha to access the App; or
Use the App for anything other than its intended purpose or in a way that violates our Community Guidelines.
5. Community Guidelines
Daily Haloha is an online community where people can share thoughts and feelings, without identities. To keep our community safe, we enforce our Community Guidelines with a zero-tolerance policy. We actively moderate the App and ban users who violate these guidelines. We reserve the right to suspend accounts or remove User Posts for violating the guidelines or for any reason, but particularly to protect our users and community. Users will be able to flag User Posts that are inappropriate and multiple flags will trigger Daily Haloha to issue a warning and possibly suspend or terminate a user’s account with multiple flags.
The answers and messages created through User Posts are the Users’ sole creations and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Users, nor do we endorse any opinions they express. Content relating to medical information is not intended to be medical advice or instructions for medical diagnosis or treatment and no physician-patient relationship is, or is intended to be, created by User Posts. Content relating to legal information is not intended to be legal advice or form an attorney-client relationship. User Posts are provided for informational purposes only, with no assurance that the User Posts are true, correct, or accurate. No action should be taken, delayed, or deferred based on User Posts.
No Cyberbullying or Harassment. Bullying is not allowed on Daily Haloha. Do not defame, impersonate, threaten, verbally abuse, or use fear to silence another person. Do not share personal information about another person, including addresses or phone numbers. Hate speech targeted towards any group of people will be removed immediately from the App. This includes hateful speech on the basis of gender, sexuality, race, religion, and ethnicity. Do not post any User Posts that may create a risk or harm, loss, physical or mental injury to yourself, or to any other person.
No Inappropriate or Offensive User Posts. Do not post User Posts that you would not feel comfortable releasing without anonymity. Do not post User Posts that are in any way harmful, obscene or otherwise objectionable (as determined by Daily Haloha in its sole discretion). For example, Daily Haloha will not allow posts that are gory or pornographic.
No Illegal Behavior. Do not post User Posts that you do not have the rights to. Do not use Daily Haloha to engage in or promote illegal behavior such as selling controlled substances or solicitation. Do not make threats of violence, as we may share your IP address, location, and other information with law enforcement if we think you have made a threat to the safety of others. We can be required by law to disclose your information if we receive a subpoena, court order, or search warrant.
Additionally, do not attempt to interfere with or compromise the system integrity or decipher any transmission to or from the servers running the App, including but not limited to uploading invalid data, viruses, or other software agents; attempting to derive any source code or underlying algorithms of any part of App; or using any automated system such as robots, spiders, offline readers, etc.
- Respect Complete Anonymity. Do not attempt to discover the identity of another user or impersonate others. The App is built on the premise that users can answer questions completely anonymously. Any user that tries to solicit contact information or otherwise engage in contact outside the scope of the App will be warned and/or lose access to their account and the App. Similarly, do not publish or post other people’s private and confidential information, such as credit card numbers, street address, or Social Security/National Identity numbers.
- No commercial activities or Spam. Do not use Daily Haloha to promote or sell products or services or otherwise direct other Users to commercial entities. You may also not publish or link to malicious content intended to damage or disrupt another person’s browser or computer or to compromise a person’s privacy.
- No Multiple Account Abuse. Do not create multiple accounts with overlapping uses or in order to evade the temporary or permanent deactivation of a separate account.
- Self-Harm. You may encounter someone considering suicide or self-harm on Daily Haloha. When we receive reports that a person is threatening suicide or self-harm, we may take a number of steps to assist them, such as reaching out to that person, expressing our concern or providing resources such as contact information for our mental health partners.
6. Your Account
You will need to create an account to use the App. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the App. Daily Haloha may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the App and your account, which includes but is not limited to your email address, and you may not be able to opt-out from receiving them.
7. App Feedback
You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App (“Ideas”). By submitting any Idea, you agree that your disclosure will not place Daily Haloha under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Daily Haloha does not waive any rights to use similar or related ideas previously known to Daily Haloha, or developed by its employees, or obtained from sources other than you.
8. Disclaimers and Limitations of Liability
The Services are Available “AS-IS”
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAILY HALOHA OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HALOHA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.
DAILY HALOHA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HALOHA APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DAILY HALOHA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAILY HALOHA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL DAILY HALOHA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAILY HALOHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER POSTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DAILY HALOHA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DAILY HALOHA HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE, OR $20.00, WHICHEVER IS LESSER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HALOHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The App is controlled and operated from facilities in the United States. Daily Haloha makes no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the App if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the App are solely directed to individuals, companies, or other entities located in the United States.
Daily Haloha may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Daily Haloha has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You should promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so.You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this agreement.
The term of Agreement commences when you install the App or acknowledge your acceptance of this Agreement and will continue in effect until terminated by you or Daily Haloha as set forth in this Section 10. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. Daily Haloha may terminate this Agreement at any time without notice if it ceases to support the App, which Daily Haloha may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination:
Termination will not limit any of Daily Haloha’s rights or remedies at law or in equity.
You agree to indemnify, defend, and hold harmless Daily Haloha and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
12. Export Regulation
The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
14. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Entire Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.