Terms of Service
Hiark, LLC. (“Hiark”) utilizes semi-anonymous messaging to provide feedback to and receive feedback from contacts within your phone book that you have explicitly opted-in to hearing from.
These Terms define who and how our services can be accessed, including our mobile applications, websites, APIs, SMS and any future services as well as any information, photos, links or other material appearing on Hiark. You agree to our Terms of Service (“Terms”) by installing or using our app (“Services”).
About our services
In the United States:
Hiark offers semi-anonymity in order to facilitate candid conversations between parties. Despite requirements to opt-in to a minimum of 20 possible feedback providers, we cannot guarantee complete anonymity to users providing feedback. By using our Services users accept the risk of being personally identified while semi-anonymized through remarks or feedback even if Hiark does not reveal a user’s identity. Do not use Hiark if you cannot accept the possibility of identification as full anonymity through our Service is impossible.
Minimum Age. You must be at least 18 years old to use our Services. Users identified after registration as being under 18 will be banned from our Services and the phone number used to register for our Services will not be able to be re-used even if a user ages past 18 unless authorized by Hiark.
Account/User Registration. To create a user account, you must register for our Services using your mobile phone number and email address. You agree to receive text messages (SMS) and mobile calls (from Hiark or various third-party services) with a verification code to register for our Services and verify ownership and possession of your mobile phone. Our Services are only available through mobile devices. Email is required in the event a phone is lost or stolen as a means to lock an account prior to initiating a new Hiark registration.
Software. To allow for continuous improvement and evolution of our Services, users agree to promptly download and install updates via Apple Store or Google Play Store.
Mobile Fees and Taxes. Users are solely responsible for all data, mobile carrier fees and taxes charged to use the devices on which you use our Services.
Our Terms and Policies. Hiark takes user behavior seriously and retains the right to permanently ban any user at any time for violation of our policies. Users must engage with our Services according to the Terms stated herein. If Hiark bans your account (and the mobile phone number associated with it) for a violation of our Terms, you will not create another account without our express written permission. Hiark aims to err on the side of protecting users from intentionally abusive behavior with Hiark retaining the role of final arbiter of acceptable behavior amongst users. Please refer to The Rules of Hiark for more details on information and outlines on appropriate use.
Acceptable Content. You are responsible for any posts, responses, and choices you make using Hiark, including compliance with applicable laws, rules and regulations. Please do not share any information you wish to keep private. Any use of our services or reliance on information obtained through Hiark is at your own risk. We cannot guarantee the usefulness or truthfulness of feedback provided by or to you through Hiark. We do not endorse or support any of the information provided through our services. By using our services, you express understanding and consent with the possibility you will be exposed to harmful, hurtful, abusive, inaccurate or otherwise inappropriate information. All posts, messages, and information provided through Hiark are the sole responsibility of the person who originated the material and not of Hiark. We may not monitor or control all material submitted to Hiark and we do not take responsibility for this material.
In line with our mission to help people learn about themselves, we reserve the right to remove any material or users engaging in violation of our User Agreement, impersonation of others, abuse, harassment, or illegal behavior.
All users retain the rights of the information submitted to Hiark while identified. Users posting requests for feedback or messages in Conversations while the requesting party remain removeable. Information or messages submitted while anonymous become shared between the sender and requester and the anonymous party cannot delete or remove information once sent. By submitting all posts, anonymous or identified, you grant Hiark a worldwide, non-exclusive, royalty-free license to use, reproduce, publish, display and distribute this material to the users that you have opted-in to at the time of submission in any and all distribution methods (available at present and those we utilize in the future). The license that you grant allows Hiark to make your submitted information available to the users that you have selected, and allows others to make their posts that have been mutually opted-in to available to you.
Keeping Your Account Secure. Users are solely responsible for keeping their mobile device and Hiark account secure. In the event of a lost or stolen phone, users agree to contact Hiark to initiate a freeze on the account and begin registration to a new profile. Hiark is not liable for any loss or damage arising from a failure to safeguard your mobile device or account. When you register for an account, you
Legal and Acceptable Use. Hiark was created to help users grow by providing access to useful information. You agree to use Hiark in this spirit and only in legal, authorized, and acceptable ways. You agree not to use (or help others use) our Services in ways that: (a) violate or infringe the rights of Hiark, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible messages/posts such as bulk or auto-messaging; (c) intentionally misrepresent your identity to others; and (d) intentionally abuse or harm others.
Harm to Hiark. You must not (or help to) access, alter, use, modify, hack or otherwise exploit our Services in any way. Users agree not to engage with our Services in any manner that may cause harm to Hiark or third-party partners. Users agree not to (a) interfere with delivery of routine Services; (b) try to gain unauthorized access to Hiark or our servers; (c) charge in any way for our Services; (d) collect information about Hiark users; or (e) create Hiark profiles through unauthorized or automated means.
Third-party services. Hiark may allow users to access or interact with third-party services, apps, or products. When third-party services are used, their terms and privacy policies govern use of those services.
No Access to Emergency Services. Hiark is a mobile feedback app. As such, we do not provide access to emergency service providers. If police, fire department, or emergency medical attention is required, users must contact those services providers through mobile phone functionality on their device or through other telephones or services.
User License with Hiark and Associated Rights
Hiark’s License to Users. Hiark gives users meeting necessary requirements a limited, personal, revocable, non-exclusive, and non-transferable license to use our Services according to the Terms contained herein. Please also refer to EULA for Apple’s App Store and Google Play Store for further details. Our license to you enables you to use Hiark as allowed by our Terms.
Users’ Rights. Users retain rights of ownership to their data (e.g. profile, phone number, email address, requests, messages) entered within Hiark while identified. In order to register a profile with Hiark users must possess the rights to the mobile phone number used in account creation and must have access to an email address to recover account information.
Hiark’s Rights. We retain ownership of all copyrights, logos, trade dress, trademarks, trade secrets, and other intellectual property rights associated with Hiark. You may not use any of the above without Hiark’s express written consent. To report issues of infringement, please contact firstname.lastname@example.org. Any suggestions or feedback that you provide regarding Hiark is voluntary and we reserve the right to use any information submitted to us as we choose without obligation to you.
Disclaimers and Limitations
Availability of Our Services. Our Services may be interrupted or unavailable at any time for various reasons, both foreseeable and unforeseeable. We may discontinue some or all of our Services, including functionality and support for mobile devices and/or platforms, at any time without prior notification. As stated above, we offer Hiark “as-is” and make no warranty for availability, security, reliability, or accuracy for our information or services.
Disclaimers. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS: OUR SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM HARMFUL CODE, THOUGH WE WOULD NEVER INTENTIONALLY ENGAGE IN HARMING USERS. HIARK DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US OR OUR USERS IS ACCURATE, COMPLETE, OR USEFUL. WE CANNOT GUARANTEE OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, OR SECURE. WE ARE NOT RESPONSIBLE FOR HOW OR WHEN OUR USERS ENGAGE WITH HIARK. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES, THOUGH WE WILL ACT PROMPTLY TO REMOVE BOTH USERS AND CONTENT THAT VIOLATE THE TERMS CONTAINED HEREIN WHEN ALERTED THROUGH APPROPRIATE CHANNELS. YOU RELEASE HIARK, INCLUDING DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “HIARK ENTITIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, DISPUTE, OR CONTROVERSY (TOGETHER, “CLAIM”) AND DAMAGES, BOTH KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. TO THE MAXIMUM EXTENT OF APPLICABLE LAW, THE HIARK ENTITIES WILL NOT BE LIABLE TO USERS FOR ANY LOST PROFITS OR REVENUES 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, INCLUDING CONDUCT OR POSTS FROM OTHER USERS OR THIRD PARTIES SUCH AS OFFENSIVE, DEFAMATORY OR ILLEGAL CONTACT, EVEN IF THE HIARK ENTITIES 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 ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT THAT YOU HAVE PAID THE HIARK ENTITIES IN THE PRECEEDING SIX MONTHS FOR SERVICES GIVING RISE TO A SPECIFIC CLAIM. 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 HIARK PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Ending of Terms and Dispute Resolution
Ending of Terms. Users may end the Terms contained herein with Hiark at any time by deleting/removing the Hiark app from your mobile phone and discontinuing the use of our Services. As described in Terms above, we reserve the right to temporarily or permanently suspend, ban, or terminate your access to Hiark at any time for any reason. Other users, by use of Strikes (once developed), may also permanently ban abusive users at any time. If a user acts to violate the letter or spirit of our Terms through abusive behavior or attempts to harm other users or subject Hiark to possible legal exposure the user will be permanently banned from Hiark and the Terms herein will end. The following provisions will survive termination of your relationship with Hiark: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Dispute Resolution,” “Availability” and “Ending of Terms,” and “General”.
Dispute Resolution: Users agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the United States District Court for the District of Oregon or a state court in Multnomah County, Oregon. Users also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of Oregon govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between Hiark and users, without regard to conflict of law provisions.
General & Updates to Terms
Hiark retains the right to update the Terms contained herein at our discretion. When Terms are updated, the “Last Modified” date will be amended. The continued use of Hiark confirms your acceptance of our updated Terms and supersedes any and all prior Terms, but the changes will not be retroactive. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Hiark regarding our Services. If you do not agree with our Terms, you should stop using our Services.
Effective as of November 01, 2018