Code of Conduct
At Hallo, our mission is to provide the best learning experience created by our growing community where teachers and students can interact safely. To achieve this goal, we ask that all users participate in such a way that promotes a friendly, pleasant experience for our global community.
In addition to our Terms of Service below, we provide the following guidelines for our community. These guidelines fall under a common sense philosophy and apply to all user generated content and activity on our services. This is considered a living document that we regularly update based on the evolution of the Hallo community and service. Additional guidelines or specific exceptions may be applicable for certain services or properties under the Hallo Service.
To protect the integrity of our community, as the provider of the service, at Hallo, we reserve the right to suspend or ban any account at any time for any conduct that we determine to be inappropriate or harmful. Such actions may include: removal of content and/or messages, revocation of admin/tutor/teacher status, ban of account(s), and/or suspension of account(s).
Breaking the Law
You must respect all applicable local, national, and international laws while using our services. Any content or activity featuring, encouraging, offering, or soliciting illegal activity is prohibited.
All suspensions are binding until expiration or removal upon appeal. Any attempt to circumvent an account suspension or chat ban by using other accounts, identities, personalities, or presence on another user’s account will also result in suspension. Suspension evasion will not only increase the length of suspension, but may lead to an indefinite suspension.
Any activity that may endanger your life or lead to your physical harm is prohibited. This includes, but is not limited to: suicide threats, intentional physical trauma, illegal use of drugs, illegal or dangerous consumption of alcohol, and dangerous or distracted driving.
Violence and Threats
Acts and threats of violence will be taken seriously and are considered zero-tolerance violations and all accounts associated with such activities will be indefinitely suspended. This includes, but is not limited to:
Hateful Conduct and Harassment
Hateful conduct is any content or activity that promotes, encourages, or facilitates discrimination, denigration, objectification, harassment, or violence based on race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, disability, medical condition, physical characteristics, or veteran status, and it is prohibited. Any hateful conduct is considered a zero-tolerance violation and all accounts associated with such conduct will be indefinitely suspended.
Harassment is any content or activity that attempts to intimidate, degrade, abuse, or bully others, or creates a hostile environment for others, and is prohibited. Depending on the severity of the offense, your account may be indefinitely suspended on the first violation.
Hateful conduct and harassment towards Hallo and its community that hurts its reputation as a company and community is prohibited. We also prohibit using Hallo to facilitate hateful conduct or harassment, whether the targets are on or off Hallo. Individuals, communities or organizations that do so are not allowed to use our services. We may take action against users for hateful conduct or harassment that occurs off Hallo services that is directed at Hallo users.
Unauthorized Sharing of Private Information
Do not invade the privacy of others. It is prohibited to share content that may reveal private personal information about individuals, or their private property, without permission. This includes but is not limited to:
Content or activity meant to impersonate an individual or organization is prohibited. Any attempts to misrepresent yourself as a member of Hallo representatives without permission is a zero-tolerance violation and will result in indefinite suspension.
Spam, Scams, and Other Malicious Conduct
Any content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of Hallo services or another user’s experience or devices is prohibited. Such activity includes:
Nudity, Pornography, and Other Sexual Content
Nudity and sexually explicit content or activities, such as pornography, sexual acts or intercourse, and sexual services, are prohibited.
Content or activities that threaten or promote sexual violence or exploitation are strictly prohibited and may be reported to law enforcement. Child exploitation will be reported to authorities via the National Center for Missing & Exploited Children.
Sexually suggestive content or activities are also prohibited, although they may be allowed in educational contexts or for pre-approved licensed content, in each case subject to additional restrictions.
Content that exclusively focuses on extreme or gratuitous gore and violence is prohibited.
Extreme Violence, Gore, and Other Obscene Conduct
Content that exclusively focuses on extreme or gratuitous gore and violence is prohibited.
Intellectual Property Rights
You should only share content on Hallo that you own, or that you are otherwise authorized to share on Hallo. If you share content on Hallo that you do not own or otherwise do not have the rights to share on Hallo, you may be infringing another person’s intellectual property rights. This includes any third party content included in your content, derivative creations, or performances of others’ copyrighted content. We encourage you to assess your content for adherence to applicable intellectual property laws and the proper application of principles such as fair use, and to secure all appropriate rights needed, before sharing your content on Hallo.
Any unauthorized content you share on Hallo may be subject to a takedown by the rights holder(s) to remove the infringing content from Hallo, and is a violation of our Terms of Service and Community Guidelines. Multiple violations of our policies may lead to a permanent suspension of your account.
Examples of content you cannot share on Hallo without permission from the copyright owners or other authorization include:
You are expected to accurately label your content to the best of your ability. When choosing a category or tag, please choose whichever best describes your content. Deliberate or extensive misuse of titles, tags, categories, or other metadata are prohibited.
Terms of Service
1. Introduction; Your Agreement to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Hallo, Inc., also known as “Hallo” consisting of the website available at hallo.tv, and its network of websites, software applications, or any other products or services offered by Hallo (the “ Hallo Services ”). Other services offered by Hallo may be subject to separate terms.
The Terms of Service apply whether you are a user that registers an account with the Hallo Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Hallo Services, you are entering into a legally binding agreement between you and Hallo regarding your use of the Hallo Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Hallo Services.
When using or opening an account with Hallo on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
2. Use of Hallo by Minors and Blocked Persons
The Hallo Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Hallo Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Hallo Services are also not available to any users previously removed from the Hallo Services by Hallo. Finally, the Hallo Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE HALLO SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE HALLO SERVICES.
5. Use of Devices and Services
Access to the Hallo Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Hallo Services.
6. Modification of these Terms of Service
Hallo may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the Hallo Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
The Hallo Services are owned and operated by Hallo. Unless otherwise indicated, all content, information, and other materials on the Hallo Services (excluding User Content, set out in Section 8 below), including, without limitation, Hallo’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Hallo Services are the property of Hallo or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Hallo, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Hallo Services for your personal use or internal business use only.
Hallo reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Hallo Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Hallo Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Hallo Services, the Materials, or any information contained in them, except as expressly permitted on the Hallo Services; or (f) any use of the Hallo Services or the Materials except for their intended purposes. Any use of the Hallo Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Hallo, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Hallo can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Hallo Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Hallo Services; or (c) we are unable to continue providing the Hallo Services to you due to technical or legitimate business reasons.
8. User Content
Hallo allows users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Hallo Services (“User Content”).
a. License to Hallo
(i) Unless otherwise agreed to in a written agreement between you and Hallo that was signed by an authorized representative of Hallo, if you submit, transmit, display, perform, post or store User Content using the Hallo Services, you grant Hallo and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Hallo Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Hallo and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Hallo Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Hallo Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Hallo used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Hallo or third parties. Hallo reserves all rights and remedies against any users who breach these representations and warranties.
c. Content is Uploaded at Your Own Risk
Hallo uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Hallo does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Hallo shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Hallo for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY HALLO HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Users may not promote, administer, or conduct a promotion on, through or utilizing the Hallo Services (a “ Promotion ”). Such actions may lead to removal of content and/or messages, revocation of admin/tutor/teacher status, ban of account(s), and/or suspension of account(s). Hallo has the right to remove your Promotion from the Hallo Services if Hallo reasonably believes that your Promotion does not comply with the Terms of Service or applicable law. Hallo is not responsible for and does not endorse or support any such Promotions.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Hallo Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Hallo Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Hallo, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Hallo Services.
9. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Hallo Services.
You agree that you will comply with these Terms of Service and Hallo’s Community Guidelines and will not:
Hallo takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Hallo liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Hallo Services. Your use of the Hallo Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Hallo Services will not contain any content that is prohibited by such rules.
Hallo is not liable for any statements or representations included in User Content. Hallo does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Hallo expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Hallo reserves the right to remove, screen or edit any User Content posted or stored on the Hallo Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Hallo Services at your sole cost and expense. Any use of the Hallo Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Hallo Services.
10. Teacher Termination
To the fullest extent permitted by applicable law, Hallo reserves the right, without notice and in our sole discretion, to revoke your teacher status and remove you as a teacher from the Hallo Services, including where we reasonably consider that you do not meet 1 or more the following criteria:
(a) sign an official work contract with Hallo and fill out the appropriate tax form (W-8 or W-9);
(b) have at least one up-to-date schedule on your schedules page;
(c) have not missed or canceled booked lessons 6 or more times within your 6-month contract period;
(d) always have professional profile, video thumbnails, communication, and dress;
(e) demonstrate native level of English fluency with few mistakes;
(f) stay present in class with only relevant pauses;
(g) show video most of the time with exceptions;
(h) use legal, appropriate content as teaching materials;
(i) have access to PayPal or direct deposit/ACH payments; and
(j) don’t take students off of Hallo to teach elsewhere.
11. Respecting Copyright
Hallo respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Hallo Services infringes upon your copyright, please contact us and submit a notice.
HALLO, the Hallo logos, and any other product or service name, logo, or slogan used by Hallo, and the look and feel of the Hallo Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Hallo, and may not be used in whole or in part in connection with any product or service that is not Hallo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hallo, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Hallo may provide you from time to time.
All other trademarks referenced in the Hallo Services are the property of their respective owners. Reference on the Hallo Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
13. Third Party Content
In addition to the User Content, Hallo may provide other third party content on the Hallo Services (collectively the “Third-Party Content”). Hallo does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the Hallo Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the Hallo Services (“Reference Sites”). Hallo does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Hallo Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
14. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Hallo or its employees, you acknowledge and agree that Hallo shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, Hallo reserves the right, without notice and in our sole discretion, to terminate your license to use the Hallo Services (including to post User Content), and to block or prevent your future access to and use of the Hallo Services, including where we reasonably consider that: (a) your use of the Hallo Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Hallo Services; or (c) we are unable to continue providing the Hallo Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Hallo Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Hallo in operating the Hallo Services, or (iv) any content or information transmitted through the Hallo Services, is to terminate your account and to discontinue use of any and all parts of the Hallo Services.
You agree to indemnify, defend, and hold harmless Hallo, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Hallo Services, any User Content you post, store or otherwise transmit in or through the Hallo Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Hallo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hallo, and you agree to cooperate with Hallo’s defense of these claims. Hallo will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
17. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE HALLO SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HALLO; (B) HALLO, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“HALLO PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE HALLO SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) HALLO DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE HALLO SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) HALLO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE HALLO ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE HALLO SERVICES SAFE, HALLO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE HALLO SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HALLO OR THROUGH THE HALLO SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “HALLO” INCLUDES HALLO’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
18. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HALLO OR THE HALLO PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE HALLO SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HALLO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HALLO’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HALLO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE HALLO SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HALLO SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HALLO AND RECEIVED THROUGH OR ADVERTISED ON THE HALLO SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT HALLO HAS OFFERED THE HALLO SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HALLO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HALLO. HALLO WOULD NOT BE ABLE TO PROVIDE THE HALLO SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and Hallo agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HALLO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HALLO.
You and Hallo agree to arbitrate any dispute arising from these Terms of Service or your use of the Hallo Services, except that you and Hallo are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Hallo agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Hallo shall be sent to Hallo, Inc. You and Hallo further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Utah County, Utah; that arbitration will be conducted confidentially by a single arbitrator; and that the state or federal courts in Utah County, Utah have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Utah and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Hallo will not commence against the other a class action, class arbitration or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence.
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.
YOU AND HALLO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HALLO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hallo without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the Sections above.
22. Entire Agreement
Your privacy is very important to us. We designed our data policy to make important disclosures about how you can use Hallo to share with others and how we collect and can use your content and information. We encourage you to read the data policy described at the end of the document, and to use it to help you make informed decisions.
1. Sharing Your Content and Information
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Hallo (IP License). This IP License ends when you delete your IP content or your account.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, the application may ask for your permission to access your content and information. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
You are allowing everyone to access and use your profile information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Hallo, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
2. Registration and Account Security
Hallo users provide their information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
If you make a payment for the subscription model or lessons with Hallo teachers, we collect information about the transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details. Hallo accepts ONLY U.S. dollars. It is the decision of Hallo to provide any monetary refund or reimbursement for services that were paid for including language lessons, subscription level services and downloads of additional content from Hallo or its partners.
4. About Advertisements and Other Commercial Content Served or Enhanced by Hallo
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
5. Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Terms of Service Page.
Your continued use of Hallo Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
6. Data Policy
Hallo collects the content and other information you provide when you use our services, including when you sign up for an account, create, and communicate with others via chat, audio, or video. We also collect information about how you use our services, such as the types of content you view or engage with, whom you audio/video call with, or the frequency and duration of your activities.
We collect information about the people you are connected to and how you interact with them. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.
Furthermore, we collect information from or about the computers, phones, or other devices where you install or access our services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent services across your devices. Here are some examples of the device information we collect:
Users can delete all data related to their accounts by deleting their accounts on the platform or request data deletion by emailing email@example.com. We will never sell your information as that is unlawful. At anytime, you can request the information that Hallo has on file of you and the devices you use by emailing firstname.lastname@example.org.