Terms & Conditions

The following terms and conditions govern your use of gethibi.app website and all content, services, software, and products available through it ("Website"), as well as Hibi applications for desktop and mobile devices ("App" or "Service"). The Website and App are owned and operated by Koyo Studio EURL (“Koyo Studio”, "Us", "We", or "Our"). The Website and App are offered subject to your acceptance of all of the following terms and conditions. Please read this Agreement carefully before accessing or continuing to use the Website or the App. By accessing or using the Website or App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use the App, or any other services provided by Koyo Studio. If these terms and conditions are considered an offer by Koyo Studio, acceptance is expressly limited to these terms.

Payment and Renewal

Optional paid services, Premium Features, or upgrades may be available within the App. When utilizing or buying an optional paid service, premium features, or upgrade, you agree to pay the fees indicated (“Payment”) through the App Store. Some services or features may allow you to opt-in to be charged as a monthly or annual subscription as indicated. If you opt-in to an automatically renewing subscription, Payment will be on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

App Updates

We may offer free updates to the App but we do not guarantee that any other releases of the App will be made available to you free of charge. If you purchase Premium Features for the App you will be able to keep using these free of charge (provide you abide by this Agreement).

Responsibility of App Users

We provides the App as-is, disclaims any responsibility for any harm resulting from the use of the App. You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party. If you purchase Premium Features you are allowed to use them on all your compatible devices using your Apple ID. Unless permitted under applicable law, fair use rules or under this Agreement, you shall not (and shall not allow any third party to):

Intellectual Property

This Agreement does not transfer from Us to you any Koyo Studio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Koyo Studio. Koyo Studio, the App logo, and all other trademarks, service marks, graphics and logos used in connection with the App are trademarks or registered trademarks of Koyo Studio or Koyo Studio’s licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any Koyo Studio or third-party trademarks.

Attribution

We reserves the right to display optional attribution links such as ‘Made with Hibi’, in your content footer or toolbar.

Changes

We reserves the right, at its sole discretion, to modify or replace any part of this Agreement. If we decide to change our privacy policy, we will post those changes on this page. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or App following the posting of any changes to this Agreement constitutes acceptance of those changes. Koyo Studio may also (but does not guarantee), in the future, offer new services and/or features through the Website or App (including, the release of new tools, features and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

We may terminate your access to all or any part of the Website or App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply delete the App and all copies thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation Of Liability

In no event shall Koyo Studio, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Koyo Studio, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

General Representation and Warranty

You represent and warrant that (i) your use of the Website and App will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website or App will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Koyo Studio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or App, including but not limited to your violation of this Agreement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Last Updated: 24 June 2021