Terms & Conditions

These Terms of Use were last updated on ____________. 24nd April 2018

These are the Terms of Use ("Terms") are for the www.heyants.com website, mobile or tablet application, or any other feature or other platform (collectively ("Site") operated by Hey Platforms DMCC (“Hey”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE OR PURCHASING HEY’S PRODUCTS OR SERVICES. These Terms of Use affect your legal rights and obligations and are a legally binding contract with Hey Platforms DMCC, a limited liability company incorporated and established in the United Arab Emirates. If you do not agree to these Terms, you may not access or use the Site or any services provided by Hey through the Site. By using the Site and Hey’s various services through the Site (“Services”), you agree to these Terms and any additional terms applicable to certain services or offerings you agree to purchase or use. You also agree to the Privacy Policy on the Site and acknowledge that you will regularly visit the Terms to familiarise yourself with any updates.  These Terms expressly supersede prior agreements or arrangements with you.

Hey may amend the Terms related to the Services from time to time as indicated by the date above. Terms will become effective immediately following posting. Your continued access or use of the Site or the Services after such posting constitutes your consent to be bound by the Terms, as amended.

1. Services.

Our Site allows you to store, transfer, and share digital files, content, messages, contacts and other content ("User Content"). Hey does not provide, own or control any of the files or content that you can access and share through the Site. Certain Services are currently provided to you free-of-charge, while others may require payment before you can access them. The Service and any content or material that is made available by Hey through the Site (the “Content”) are the property of Hey or third- party licensors. Hey reserves the right in its discretion to select, display, and perform Content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, territorial limitations, industry trends, and Content cost and availability. Hey reserves the right to alter, change, modify, or terminate any services, Content or application functionality at any time, with or without notice to you.

Hey is not obligated to provide technical support and provides no assurance that any specific errors or discrepancies in the Services will be corrected. Hey may alter the availability of any feature of the Services or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, you may be required to install an update in order to continue using the Services.

When using the Services, Hey may permit you to store data, preferences set by you, content or other information for your convenience, but Hey is under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.

You may only access and/or use the Services through the certified applications or intended methods that Hey or its licensed partners make available to you. Any access or use of Services through an application, service, or method provided by a party other than Hey or one of its licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND A VIOLATION OF THESE TERMS.

2. License Granted to You to Use Services.

Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), Hey hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to make use of the Services in any authorised jurisdiction, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial, entertainment use of the Content and not for the sublicense to or use by third parties. (the “License”). This License shall remain in effect until and unless terminated by you or Hey. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Services or the Content. You agree not to use the Services, the Content, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in this Agreement, Hey grants no right, title, or interest to you in the Services or Content.

3. License Granted to You to Use Site.

Subject to your compliance with these Terms, Hey grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. The Hey software applications and the Content are licensed, not sold, to you, and Hey and its licensors retain ownership of all copies of the Hey software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Third party software included in the Services are licensed to you either under the Agreement or under the relevant third party software library’s license terms as published in the help or settings section of Site.

4. Ownership.

Hey owns the copyrights, trademarks, service marks, graphics, logos, trade names, trade secrets, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Content, Services and the Site, which are protected by copyright, trade dress, patent, trade secret, trademark laws and all other applicable intellectual and proprietary rights and laws. You acknowledge that Hey retains all rights, title, and interest in the IP rights and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorised by Hey. Except as expressly and unambiguously provided herein, Hey does not grant you any express or implied rights, and all rights in and to the Site and the Hey Content are retained by Hey. The Services may also contain third party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by Hey and are protected by the laws of the United Kingdom and other countries in which the Services are made available. You agree to prevent any unauthorised copying, use, or distribution of the Services. Except as expressly provided herein, Hey does not grant any express or implied right to you under any Hey owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.

5. User Content.

When you use our Services, you provide us with your User Content. These Terms don't give us any rights to User Content except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting User Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan User Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

You promise that, with respect to any User Content you post on Hey, (1) you have the right to post such User Content, and (2) such User Content, or its use by Hey as contemplated by these Terms, does not violate the Terms, applicable law, or the intellectual property rights (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Hey or third party without express written consent from such individual or entity.

Hey may, but has no obligation to, monitor, review, or edit User Content. In all cases, Hey reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Hey’s sole discretion, violates these Terms. Hey may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at Hey’s sole discretion, and Hey does not promise to remove or disable access to any specific User Content.

6. Rights You Grant Us.

In consideration for the rights granted to you under the Agreements, you grant Hey the right (1) to allow the Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, (3) to use User Content without restriction and without payment to you in order to facilitate Services, and (4) to allow Hey’s business partners to do the same. In any part of the Services, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content.

7. No Endorsements.

Hey does not endorse any User or any User Content. Users are required by these Terms to provide accurate information, and although Hey may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, any references in the Site, Application or Services to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Hey about any User, including of the User's identity and whether the User is trustworthy, competent, credentialed, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity, qualifications, and suitability of others whom you contact or interact with via the Site. Hey therefore recommends that you always exercise due diligence and care when deciding whether to interact with any User. Hey is not responsible for any damage or harm resulting from your interactions with other Users.

8. Use of the Site.

In connection with your use of the Site you agree to the following restrictions:

  • In order to use the Site, you must register for and maintain an active personal user Services account ("Account"). You agree to maintain accurate, complete, and up-to-date information in your Account (out-of-date information will invalidate your account). You agree that Hey may also reclaim your username for any reason. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify Hey immediately and change your password as soon as possible.
  • You must be at least 14 years of age, or the age of legal majority in your jurisdiction (if different than 14), to obtain an Account. You must be able to enter into a binding legal obligation and not barred from receiving products or services under applicable law.
  • Hey reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. Hey performs regularly scheduled maintenance. While Hey does its best to avoid customer impact, the Site or Services may be temporarily unavailable during maintenance periods.
  • You will not attempt to: 1) use the Site with crawlers, robots, data mining or extraction tools or any other functionality; 2) interfere with or damage Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; 3) use, display, mirror or frame the Site, or any individual element within the Site, Hey's name, any Hey trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site without Hey's express written consent; 4) solicit, collect or use the login credentials of other Users; 5) modify, download, intercept, or create any derivative works of the Services, including any translations or localisations thereof; 6) access or use the Services through an application or means not authorised by Hey; 7) copy, redistribute, reproduce, “rip”, record, transfer, perform or display to the public, broadcasting, or make available to the public any part of the Services or the Content, or otherwise make public any use of the Services or the Content which is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part of it; 7) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; 8) sell a user account, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on an account; 9) Circumvent any territorial restrictions applied by Hey or it licensors; 10) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organisation of the Services; 11) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; 12) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without Hey's prior written consent; 13) provide your username and password used to access the Services to any third party; 14) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; 15) Circumvent any technology used by Hey, its licensors, or any third party to protect the Content or the Services; 16) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Hey or other users of the Services; 17) send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; 18) exchange with other Users any files for which you do not have legal ownership and/or rights to exchange; or 19) aid or encourage any third party to engage in any activity that would constitute a breach of these Terms.
  • You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications to any Users, use the Site for any commercial or other purposes that are not expressly permitted by these Terms, or recruit or otherwise solicit any User to join third party services or websites that without Hey's prior written approval. You may not submit any User Content or use the site in a manner which impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; involves the transmission of unsolicited mass mailings or other forms of spam , junk mail, chain letters, or similar, including through the Hey inbox; involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorised by Hey; or links to, references, or otherwise promotes commercial products or services, except as expressly authorised by Hey;
  • You may not use the site to post, transmit, distribute, or submit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, abusive, defamatory, offensive, threatening, obscene or pornographic or sexually suggestive photos or other content via the Service or any information concerning any other person or entity, regardless of confidentiality or privacy, including without limitation, photographs of others without their permission, social security or alternate national identity numbers, phone numbers, email addresses, passwords, other personal contact information, or credit, debit, calling card, account numbers;
  • You may not use the Site to promote any action that is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Hey or a third party;
  • You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party User or any other party. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
  • You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site. You will not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations or infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • Violation of these Terms may, in Hey's sole discretion, result in termination of your Account. You understand and agree that Hey cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Hey, Hey can stop providing all or part of the Service to you.
  • In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity, attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

9. Indemnity.

Subject to these Terms, you will defend, indemnify and hold Hey and each of its officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, your use of or access to the Site, your interaction with Users, the purchase and sale of any Products or products, and the use of any intellectual property. You are solely responsible for all User Content that you post or any files you exchange with other Users. Hey is not responsible for User Content or files transferred by Users, nor does it endorse any opinion contained in any User Content or the authenticity of, rights to, or legitimacy of any files exchanged between Users. You agree that if anyone brings a claim against Hey related to user content that You post or transfer, then, to the extent permissible under local law, you will indemnify and hold Hey harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

10. Limitation of Liability.

By using the Site you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Users, or other third parties will be limited to a claim against the particular User, or other third parties who caused you harm, including any damages or harm resulting from exchanging files, information, or conversation with any other user. You agree not to attempt to impose liability on or seek any legal remedy from Hey with respect to such actions or omissions.

Hey shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use or Purchase of the Services or Products, even if Hey has been advised of the possibility of such damages. Hey shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party User, even if Hey has been advised of the possibility of such damages. Hey shall not be liable for delay or failure in performance resulting from causes beyond Hey's reasonable control. You acknowledge that third party Users providing User Content and may not be professionally licensed or permitted. In no event shall Hey's total liability to you in connection with the services for all damages, losses and causes of action exceed one hundred Euros(euro100).

11. Choice of Law and Venue.

This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates without regard to provisions of the law that might be applied under principles of conflict of laws.

12. Arbitration and Waiver.

You agree that by accepting the Terms, you and Hey are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES HEY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH HEY (INCLUDING WITHOUT LIMITATION WITH RESPECT TO DATA, YOUR INTERACTION WITH HEY, HEY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES HEY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION AT THE DUBAI INTERNATIONAL ARBITRATION CENTER IN DUBAI, UNITED ARAB EMIRATES TO BE DECIDED BY ONE ARBITRATOR IN THE ENGLISH LANGUAGE, AND THE AWARD SHALL BE FINAL AND BINDING WITHOUT THE RIGHT OF APPEAL.

If you intend to seek arbitration, you must first send to Hey, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Hey must be sent to 27th floor, AA1 Tower, Mazaya Business Avenue, JLT, Dubai UAE. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and Hey cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Hey may commence arbitration. All arbitrations required by these Terms shall be exclusively submitted to final and binding arbitration without the right of appeal to the Dubai International Arbitration Center in Dubai, UAE, to be decided in the English language by one (1) arbitrator. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Hey and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST HEY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (ARBITRATION AND WAIVER) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND HEY.