HLYX - Terms of Service

Terms of Service

I Agreement Between HLYX Inc. and User

1.1HLYX Inc. ("we", "our", or "us"). By accessing or using the HLYX application platform ("HLYX Platform", "HLYX App", "HLYX), you agree to comply with and be bound by the terms and conditions of this Terms of Service Policy (“Terms”). Please read these Terms carefully before using the HLYX Platform. If you do not agree to these Terms, you may not use the Platform.

1.2Users of the HLYX Inc. software application identified as Registered Users and as Beta Users, thereby consisting of any person(s), group, or business registered through the HLYX website(s), landing page(s), web application(s), and downloadable mobile application(s), accessible at www.hlyx.io and www.hlyx.me domain(s); or whose email and contact information has been added to the HLYX database as a user of the HLYX Platform software, are hereby subject to these Terms.

1.3By accessing the application download link whether through Apple App Store, Google Play Store, or directly through the HLYX website, and or any online mediums of data storage and retrieval owned, managed, or licensed to HLYX Inc. for use (such as a cloud hosting service), and installing the executable source file for HLYX Inc. software application (recognized herein as “HLYX Platform” and as “HLYX App” or simply as “HLYX”) toa compatible mobile device, you hereby accept this Terms of Service policy.

1.4Online digital services operated by HLYX Inc., including the HLYX Platform and HLYX website(s) and landing page(s) accessible at the domain(s) www.hlyx.io and at www.hlyx.me ("HLYX Services”) are offered to You (the “User” and “User”) on the condition that the you accept the terms and conditions herein (the "Terms"). Your use of HLYX constitutes that you have carefully read, acknowledge, and agree to these Terms.

1.5HLYX is a relationship management and business networking platform accessible via download to a compatible mobile device. In order to effectively deliver these Services to You the User, you agree to abide by the rules regarding user behavior and privacy.

II Eligibility

2.0You must be at least 13 years old to use the Platform. If you are between 13 and 18 years old, you may only use the Platform under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.

III Registration and Verification

3.0To unlock the full features and functionalities of the HLYX Platform, completion of the following is required:

Provide accurate and complete information during the registration process.
Successfully verify the information you provided at account registration, including account email and phone number.
Register for a Professional or Business account with a valid email.

IV User Accounts

4.1You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2You agree to provide accurate, current, and complete information during your account registration process and to keep your information updated as required to maintain the security and accuracy of you account.

4.3You agree not to create multiple accounts with the intention to or impersonate others on the Platform.

V Content Sharing

5.1You retain ownership of the content you post on the Platform, but you grant HLYX Platform a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute your content for the purpose of providing our Services to you.

5.2You are responsible for the content you post and share on the Platform. Do not post content that violates the law, infringes on intellectual property rights, contains speech, materials, and opinions that is harmful to other Users and or violates the Community Terms of Service.

VI prohibited Activities

6.1You agree not to use the Platform for any illegal, unauthorized, or unethical activities.

6.2You agree not to engage in harassment, bullying, or any behavior that disrupts the positive experience of other users.

6.3You agree not to engage in any behavior that disrupts the functionality of the HLYX Platform and its users.

6.4You agree not to attempt to gain unauthorized access to the Platform, its systems, or user accounts.

VII Termination

7.1HLYX Platform reserves the right to suspend or terminate your account if you violate these Terms of Service or engage in any activities that harm the Platform or its users.

7.2You agree to provide accurate, current, and complete information during your account registration process and to keep your information updated as required to maintain the security and accuracy of you account.

7.3You agree not to create multiple accounts with the intention to or impersonate others on the Platform.

VIII Disclaimers

8.0HLYX Platform and its Services are provided "as is" without warranties of any kind, either express or implied.

IX Limitation of Liability

9.0HLYX Platform will not be liable for any damages, losses, or expenses arising from your use of the Platform.

X Electronic Communications

10.0Visiting HLYX.io or sending emails to HLYX Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on HLYX Platform, satisfy any legal requirement that such communications be in writing.

XIYour Account

11.0If you use HLYX Platform, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HLYX Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. HLYX Inc. reserves the right to refuse or cancel service, terminate accounts, remove or edit content at our sole discretion.

XII Children Under Thirteen

12.0HLYX Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HLYX only with permission of a parent or guardian.

XIII Cancellation Policy

13.0You may cancel your HLYX subscription, and or remove your account from our platform at any time by accessing the 'Delete Account' option within the HLYX App. To cancel your subscription services with us, please access your account through an active web browser and navigate to 'Subscription" to manage your services. For direct assistance with your account, including refunds, please go to hlyx.io/support.

XIV Links to Third Party Sites and Services

14.1HLYX may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HLYX Inc. and HLYX Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HLYX Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HLYX Inc. of the third party site or any association with its operators.

14.2Certain services made available via HLYX are delivered by third party sites and service providers. By using any product(s), feature(s), or service(s) originating from the HLYX Platform and or domain(s) operated by HLYX Inc., you hereby acknowledge and consent that HLYX Inc. may share such information and data with our third party service providers and partners in order to deliver these services to You.

XV No Unlawful or Prohibited Use

15.1You are granted a non-exclusive, non-transferable, revocable license to access and use HLYX strictly in accordance with these Terms of Service. As a condition of your use of HLYX Platform, you warrant to HLYX Inc. that you will not use HLYX Platform forany purpose that is unlawful or prohibited by these Terms. You may not use HLYX Platform in any manner which could damage, disable, overburden, or impair HLYX Platform or interfere with any other party's use and enjoyment of HLYX Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through HLYX Platform.

15.2All content included as part of the Service, such as text, graphics, logos, images, multimedia, hyperlinks, UI and UX designs, processes, as well as the compilation thereof, and any software used on HLYX Platform, is the property of HLYX Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

15.3You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on HLYX Platform. HLYX Inc.’s content is not for resale. Your use of HLYX Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of HLYX Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HLYX Inc. or our licensors except as expressly authorized by these Terms.

XVI User Profiles

16.0As a User of the HLYX Platform, you will have access to user profiles which include personal, professional, and business information. Such information belongs to the profile owner. As such, you agree by using HLYX services, you will not violate another User’s copyrighted and intellectual property, including profile information, content, designs, and materials.

XVII Use of Communication Services

17.1HLYX Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

17.2By way of example, and not as a limitation, you agree that when using any Communication Service on the platform, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

17.3HLYX Inc. has no obligation to monitor the Communication Services. However, HLYX Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HLYX Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

17.4HLYX Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HLYX Inc.'s sole discretion.

17.5Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HLYX Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, HLYX Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HLYX Inc. spokespersons, and their views do not necessarily reflect those of HLYX Inc.

17.6Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

17.7You hereby acknowledge not to submit any communications within HLYX that you deem as Confidential Information. Although HLYX does its best to secure such messages and provide layers of privacy protection as it relates to your activity on HLYX, you acknowledge that you alone are responsible for exercising good judgment when using our services, and to not submit any information that you do not want saved, stored, accessed, or potentially shared by other users.

XVIII Information Submitted to HLYX Inc.

18.1HLYX Inc. does not claim ownership of the materials you provide to HLYX (including feedback and suggestions) or post, upload, input or submit to any HLYX Inc. Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting,providing or submitting your Submission you are granting HLYX Inc., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

18.2No compensation will be paid with respect to the use of your Submission, as provided herein. HLYX Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HLYX Inc.'s sole discretion.

18.3By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide,post, upload, input or submit the Submissions.

XIX Third Party Accounts

19.0You will be able to connect your HLYX Platform account to third party accounts. By connecting your HLYX Platform account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

XX International Users

20.0HLYX Platform services are controlled, operated, and administered by HLYX Inc. from our offices within the United States. If you access our Services from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not access or use the HLYX Platform in any manner that violates the applicable laws, restrictions or regulations of the country or province in which you are accessing the platform from.

XXI Indemnification

21.0You agree to indemnify, defend and hold harmless HLYX Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use HLYX Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HLYX Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HLYX Inc. in asserting any available defenses.

XXII Arbitration

22.1In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.

22.2The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

XXIII Class Action Waiver

23.1Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration's and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and HLYX Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

23.2You agree to provide accurate, current, and complete information during your account registration process and to keep your information updated as required to maintain the security and accuracy of you account.

23.3You agree not to create multiple accounts with the intention to or impersonate others on the Platform.

XXIV Liability Disclaimer

24.1THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH HLYX PLATFORM MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HLYX INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN HLYX PLATFORM AT ANY TIME.

24.2HLYX INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON HLYX PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HLYX INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

24.3TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HLYX INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF HLYX PLATFORM, WITH THE DELAY OR INABILITY TO USE HLYX PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH HLYX PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF HLYX PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HLYX INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF HLYX PLATFORM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HLYX PLATFORM.

XXV Termination and Restriction of Access

25.1HLYX Inc. reserves the right, in its sole discretion, to terminate your access to HLYX Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of HLYX Platform. Use of HLYX Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

25.2You agree that no joint venture, partnership, employment, or agency relationship exists between you and HLYX Inc. as a result of this agreement or use of HLYX Platform. HLYX Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HLYX Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of HLYX Platform or information provided to or gathered by HLYX Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

25.3Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HLYX Inc. with respect to HLYX Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HLYX Inc. with respect to HLYX Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

XXVI Governing Law

26.0This Terms of Service policy is governed by and construed in accordance with the laws of Kent County, Delaware, United States.

XXVII Changes to Terms

27.0HLYX Inc. reserves the right, in its sole discretion without prior notice to You, to change these Terms under which the HLYX Platform, its associated services, website(s) and landing page(s) are offered to You. The most current version of these Terms will supersede all previous versions. HLYX Inc. encourages you to periodically review these Terms to stay informed of our updates.

Contact Us

Please direct any inquires regarding this Terms of Service policy and request pertaining to your account to our Customer Support team at [email protected].