Last Updated: January 12, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT.
Welcome to the services operated by FUNI PTE. LTD. (with its affiliates, “FUNI”) consisting of, its network of websites, software applications, or any other products or services offered by FUNI (the “Hiya Services”). Other services offered by FUNI may be subject to separate terms.
When using the online Services, the User shall be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted online by Hiya from time to time (the “Guidelines”). Hiya may also offer certain paid services, which are subject to certain additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these terms of use by reference.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. If you do not want to agree to these terms of use or the privacy policy, you must not access or use the Hiya Services.
You understand and acknowledge that when using the Hiya Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You further understand and acknowledge that you may be exposed to content that is inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Hiya Services with respect thereto, and agree to indemnify and hold the Hiya Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Hiya Services.
We do not accept payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, the Crimean region, DNR and LNR. If you are from such regions, you may be prohibited from using the Hiya Services.
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Some of the Hiya Services provided by us require payment ("Paid Services"). When you use such Paid Services, you will be required to pay the relevant charges to us. You acknowledge that we reserve the right to charge fees for Hiya Services in our complete and sole discretion. We will notify you in advance in the event any Hiya Service that will or may be used by you in accordance with these terms of use will be a Paid Service. Access to a Paid Services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such Paid Services. For avoidance of doubt, we shall be under no obligation to provide any Paid Services to you if you do not pay the charges for the same.
Paid Services can be purchased by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through the Hiya Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. Purchases are payable in advance. We offer different packages you can choose from. We reserve the right to change service prices at any time, at our sole discretion and without liability to you. Any purchased Paid Service will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these terms of use.
You agree that purchased Paid Services have no monetary value and do not constitute actual currency or property of any type, any balance of Paid Services does not reflect any stored value. The Paid Services may never be sold, transferred, traded, or exchanged through any legally acceptable payment method.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error to the purchased service.
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information such as a mobile number. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
You understand that you are not allowed to use indecent words or inappropriate names as your account name when editing your profile, such as 1) the real name, font size, stage name or pseudonym of leaders or other social celebrities; 2) the name of a government agency or other institution; 3) the uncivilized or unhealthy names, or accounts containing discriminatory, insulting or obscene words; 4) other names that are susceptible to ambiguity, misunderstanding or otherwise do not comply with laws, regulations, rules and other provisions. If you did so, Hiya reserves the right to cancel your user status.
It is important that you keep your account confidential and that you do not disclose it to any third party. If you know or suspect that any third party has accessed your account, you must promptly notify us at support@mehiya.com. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information. Although the Hiya Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Hiya Services or others due to such unauthorized use.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
You may not buy or sell your account in exchange for legally acceptable money, or trade or transfer your account to another user.
We reserve the right to disable your user account, whether chosen by you or determined by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services, and would like your account deleted, we can take care of this for you. Please contact us via support@mehiya.com, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. If you use the Hiya Services over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
Hiya Services may permit you to register for and log on to the Hiya Services via certain third-party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how we collect, use and disclose your personal information when you link your Hiya account with your account on any third-party service can be found in our privacy policy.
Some functional design of the Hiya Services allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Hiya Services are referred to as "UGC"). WE CLAIM NO OWNERSHIP RIGHTS OVER UGC CREATED BY YOU. THE UGC YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Hiya Services may allow other Users to view, edit, share, and/or otherwise interact with your UGC. By providing or sharing UGC through the Hiya Services, you agree to allow others to view, edit, share, and/or interact with your UGC in accordance with these Terms.
Unless otherwise agreed to in a written agreement between you and FUNI that was signed by an authorized representative of FUNI, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with the Hiya Services, you grant to Hiya and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.
You shall be solely responsible for your UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on the Hiya Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of Hiya. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, and we have the right to remove any UGC in our sole discretion, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.
You further agree that UGC you provide to the Hiya Services will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to the Hiya Services all of the license rights granted herein.
Hiya Services do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Hiya Services expressly disclaims any and all liability in connection with User Generated Content.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations and the Community Guidelines uploaded by us at any time with notice. You may not:
In addition to the above, your access to and use of the Services must, at all times, be compliant with all our terms, policies and other rules.
In case you breach any of the above obligations, we will have the right to take measures including without limitation notifying you to correct relative conduct within a specified period, suspending or terminating your use of the such account, taking other reasonable actions against you as specified in other notes in Hiya or asked by governing administrative authorities, and report your breach to local administrative authorities or governments.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, Hiya may, but will not have any obligation to, pre-screen, review, monitor or edit any UGC posted by you.
Our automated systems analyze your content (including emails) to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. If we consider that such UGC violates these terms of use, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Hiya Services or the public, or could create liability for us, we may:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through the Hiya Services.
However, we do not undertake to review UGC before it is posted on the Hiya Services, and cannot ensure prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.
The provision of the Services does not transfer to you or any third party any rights, title, or interest in our Services, our trademarks, logos, or other intellectual property rights of Hiya.
The websites and certain materials available on or through the Hiya Services are content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Hiya Services.
The information you submit to us when editing your profile, including but not limited to your username, profile image, and portrait, remains your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such profile information. Notwithstanding the foregoing, you agree that we may retain copies of all profiles information and use such information as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
You herein grant us the non-exclusive, royalty-free, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the profile information in connection with the Services.
You or the owner of your UGC still own the copyright in UGC sent to us, but by submitting UGC via the Services, you hereby grant us a non-exclusive, royalty-free, perpetual worldwide license to use, distribute, copy, publicly perform or display, translate, and create derivative works of your UGC and any element therein, including but not limited to your username, profile image, portrait, likeness, and voice. This license will end when your UGC is deleted from our system.
Subject to your compliance with these Terms, we grant you a non-transferable, non-exclusive, license (without the right to sublicense) to (a) use the Service solely for your personal, non-commercial purposes, and (b) install and use the App, solely on your handheld mobile device (e.g., iPhone, Android, etc. as applicable). You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly published, performed, rewritten or republished any Works without prior written consent from us. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some content made available on the Services may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology.
FUNI respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Hiya Services infringes upon your copyright, please submit a notice to us at support@mehiya.com. As a condition of your access to and use of the Services, you agree to the terms of the Copyright Policy.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Hiya Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Hiya Services; (ii) your violation of any term of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any applicable law, rule or regulation; (v) UGC that is submitted via your account including misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the Hiya Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
You use the Hiya Services at your sole risk. We provide the Hiya Services “as is” and “as available”. To the fullest extent permitted by law, Hiya Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the Hiya Services and goods or services purchased and obtained through the Hiya Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Hiya Services.
We make no warranty or representation about the accuracy or completeness of Hiya Services’ content or the content of any sites linked to Hiya Services or that the Hiya Services will meet your requirements and assume 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 and use of the websites or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Hiya Services or our services by any third party, and/or (v) any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the Hiya Services or our services; and (vi) disputes between you and another user of the Hiya Services.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE HIYA SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUNI’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE HIYA SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
These terms of shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the parties agree that such dispute shall be submitted to Singapore International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of arbitration shall be Singapore. The arbitration shall be resolved by a sole arbitrator. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties. Without prejudice to any rules of confidentiality or equivalent in the applicable arbitration rules, the parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration center and the arbitral award.
If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party.
If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These terms of use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FUNI without restriction. Any assignment attempted to be made in violation of this terms of use shall be void.
Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Hiya Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Hiya Services.
The headings in these terms of use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.
We may terminate these terms of use for any or no reason at any time by notifying you through a notice on the Hiya Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the terms of use, you will no longer have a right to access your account or your UGC. We will not have any obligation to assist you in migrating your data or your UGC and we may not keep any back up of any of your UGC. We will not be not responsible for deleting your UGC. Note that, even if your UGC is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your UGC), and subject to the licenses set forth in these terms of use.
YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN THE JURISDICTION YOU ARE ACCESSING THE Hiya SERVICES FROM, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 18 OR THE APPLICABLE AGE OF MAJORITY, YOU MAY ONLY USE THE HIYA SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE.
The Hiya Services are operated by FUNI PTE. LTD., with its registered office at 2 VENTURE DRIVE #06-09 VISION EXCHANGE SINGAPORE (608526).
If you have any feedback, comments, requests for technical support relating to the Hiya Services, please send to support@mehiya.com.
