By making use of HyWebOS™, including the associated Harmony mobile and desktop applications, https://hywebos.com and other Harmony websites (collectively the « Services » ), you are agreeing to be legally bound by the following Terms and Conditions (the « User Terms »). These User Terms cover all present and future features provided by your account (including but not limited to Open Courses, WebMeeting, Contacts, HyChat, Groups, HyDrive and any Web App from the Web App Store).
As part of these User Terms, you agree to comply with the most recent version of our Confidentiality Agreement, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms, you confirm that you have read, understand and agree to be bound by the User Terms. Even though you are signing into an existing version of Harmony, these User Terms apply to you as a user of the Services.
If you are agreeing to these User Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Services to these User Terms. In the absence of such an authority, you may not use the Services.
These Services are provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
These Services are provided exclusively to persons. Accounts registered by « bots » or automated methods are not authorized and will be terminated.
Each user is solely responsible for all of his or her messages and publications posted through the Services.
You agree to not use these Services for any unlawful or prohibited activities.
- Do not store or share unlawful content;
- Do not send, store or share any content related to child sexual abuse;
- Not use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
- Do not upload to or transmit from the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component, or a technology that unlawfully accesses or downloads content or information stored within the Services or any third party;
- Do not store or transmit any Personal Data that may infringe upon or misappropriate someone else’s trademark, copyright or other intellectual property, or that may be tortious or unlawful;
- Do not attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Services;
You also agree to not use these Services to:
- engage in activity that incites or encourages violence or hatred against individuals or groups;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including « spoofing » or « phishing »;
- send, store or share any content related to nudity or sexual activity.
Any account found to be sending, storing or sharing the aforementioned type of messages or contents will be immediately suspended. If you become aware of or reasonably suspect any illegal or unauthorised activity or a security breach involving your account, including any loss, theft or unauthorised disclosure or use of a username, password or account, promptly notify us via this form.
We may also terminate accounts which are being used for illegal activities, particularly in response to court orders from the competent authorities informing us of such illegal activity.
You acknowledge that Harmony Group has no ability to recover your data if you forgot your password. We also have no obligation to store messages or contents for accounts that exceed their storage quotas.
You are responsible for all login credentials, including usernames and passwords. We will not be responsible for any damages, losses or liability to you or anyone else, if such information is not kept confidential, or if such information is correctly provided by an unauthorized third party logging into and accessing the Services.
We also cannot make any warranty about the reliability of the Services or guarantee the security of user data, despite best efforts. The Services is provided "as is" and you agree to not hold Harmony responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Services or failure in such performance.
Furthermore, you will not hold Harmony liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Services.
For Harmony Business Plans, we aim to provide Services availability of 99% or better. If downtime in any one month exceeds 0.05% of that month, we will credit the user’s account. Services credits are applied at the user’s request and will apply toward the balance due at the end of the next billing cycle (either monthly or yearly).
Harmony calculates service credits in the following way:
- If the monthly downtime equal to or greater than 0.05% but less than 0.20%, the service credit is equal to 10% of the Service’s monthly cost;
- If the monthly downtime equal to or greater than 0.20%, the service credit is equal to 50% of the Service’s monthly cost;
Some performance issues are excluded from downtime calculations, such as:
- Issues caused by factors outside of ours reasonable control;
- Issues that resulted from any actions or inaction by a user or a third-party;
- Issues that arise from the Harmony’s suspension or termination of rights to use the Services in accordance with our Terms of Service.
- Downtime caused by reasonable scheduled maintenance that is announced in advance.
You agree that Harmony may charge to your credit card or other payment mechanism selected by you and approved by Harmony. All amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with your plan. Harmony may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Harmony will provide you with prior notice and an opportunity to terminate your plan if Harmony changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
You agree that in the event Harmony is unable to collect the fees owed to us for the Services through your account, Harmony may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Harmony in connection with such collection activity, including collection fees, court costs and attorneys' fees. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.
If you have purchased a plan for a specific term, such termination will be effective on the last day of the then-current term. A renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next renewal Term. If You fail to comply with any provision of this agreement, Harmony may terminate this agreement immediately and retain any fees previously paid by you. If at any time you are not happy with the Services, your sole remedy is to cease using the Services and follow this termination process.
The paid Services provided by us are generally non-refundable and any refunds or credits given will be at the sole discretion of Harmony. Paid accounts which are terminated due to a violation of these Terms and Conditions will incur the loss of all payments and credits and are not eligible for refund.
We have the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
If you fail to fulfill your obligation of payment as a user of a paid plan, we may suspend your account or delete it after an extended period of default.
Within the limits of applicable law, we reserve the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Services after such changes shall constitute your consent to such changes.