Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The terms in uppercase in this document carry defined meanings, as specified in the given contexts. These defined interpretations remain uniform, whether the terms are expressed in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Harmoni.

• Application Store means the digital distribution service operated and developed by Apple Inc.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Heypex Digital Limited.

• Device means any device that can access the Service such as a cellphone or a digital tablet.

• Service refers to the Application.

• Free Trial means a defined period that may be free when acquiring a Subscription.

• In-app Purchase means buying a product, item, service, or Subscription within the Application, governed by these Terms and Conditions and/or the App Store's terms.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Subscriptions: The services or access to the Service provided on a subscription basis by the Company to You.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions serve as the guidelines for using this Service and constitute the agreement between You and the Company. They outline the rights and responsibilities of all users in relation to Service utilization.

Access and use of the Service are conditional upon Your acceptance and adherence to these Terms and Conditions, applicable to all individuals visiting, using, or accessing the Service.

By using or accessing the Service, You express your consent to comply with these Terms and Conditions. If You disagree with any aspect, refrain from accessing the Service.

You confirm that you are 18 years old or older, as individuals under 18 are not authorized to use the Service.

Your access is also subject to acceptance and compliance with the Company's Privacy Policy, detailing protocols for personal information collection, utilization, and disclosure. Review Our Privacy Policy before using Our Service for a comprehensive understanding.

Subscriptions

Subscription period

To access the Service or specific features, a paid subscription is necessary. You will be charged in advance at regular intervals, whether daily, weekly, monthly, or annually.

Your Subscription will automatically renew unless either you or the Company cancels it.

Subscription cancellations

You have the option to cancel Subscription renewal through your Account settings or by reaching out to the Company. Please note that there will be no refund for the fees of the current period, and access will persist until the subscription concludes.

For In-app Purchases, cancel renewal with the App Store.

Billing

In the event of automatic billing failure, the Company will issue an electronic invoice. You are required to manually complete the full payment by the designated deadline.

For In-app Purchases, billing is managed by the App Store under its terms.

Fee Changes

The Company retains the right to modify Subscription fees at its discretion, with the changes taking effect at the conclusion of the ongoing Subscription period.

Advance notice will be provided, enabling you to cancel your Subscription before the revised fees become applicable.

Should you choose to continue using the Service post-fee adjustment, you are agreeing to pay the updated amount.

Refunds

Paid Subscription fees are typically non-refundable, except when mandated by applicable law.

The Company may assess refund requests on an individual basis, at its sole discretion.

In cases where Subscriptions are acquired through an In-app purchase, the refund policy of the Application Store governs, and requests for refunds should be directed to the respective Application Store.

Free Trial

The Company may, at its discretion, offer a Free Trial Subscription for a limited period.

To initiate the Free Trial, you may need to provide billing information. If billing information is provided, charges will not occur until the Free Trial concludes.

On the last day of the Free Trial, unless canceled, the relevant Subscription fees will be automatically charged.

The Company reserves the right to alter or terminate the Free Trial offer at any time without prior notice.

In-app Purchases

The Application offers In-app Purchases for acquiring products, services, or Subscriptions.

Instructions for managing In-app Purchases can be found in the terms of the Application Store or your Device's Help settings.

In-app Purchases are usable only within the Application and cannot be canceled after download. They have no cash value or transferability.

If an In-app Purchase fails or malfunctions after download, we will investigate and, if reasonable, provide a replacement or patch at no cost. If replacement or repair is not feasible, the Application Store may refund the In-app Purchase cost.

Billing and transactions are handled by the Application Store.

Any issues related to payments should be addressed to the Store.

Intellectual Property

The Service, including its original content (excluding content provided by You or other users), features, and functionality, is and will remain the exclusive property of the Company and its licensors.

It is protected by copyright, trademark, and other laws, both domestically and internationally.

Any use of our trademarks and trade dress in connection with any product or service requires prior written consent from the Company.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no authority over and disclaims any responsibility for the content, privacy policies, or practices of these third-party websites or services. You acknowledge and agree that the Company is not accountable or liable, directly or indirectly, for any harm or loss purportedly caused or resulting from the use of or reliance on any content, goods, or services available through these websites or services.

We strongly advise you to review the terms, conditions, and privacy policies of any third-party websites or services you visit.

Termination

We retain the right to promptly suspend or terminate your access, without prior notice or liability, for any reason, including but not limited to a violation of these Terms and Conditions.

Upon termination, your authorization to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its suppliers disclaim liability for any special, incidental, indirect, or consequential damages of any kind, including, but not limited to, loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy, arising out of or in any way connected to the use of or inability to use the Service, third-party software and/or hardware used with the Service, or in connection with any aspect of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails in its essential purpose.

In certain states where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not allowed, some of the above limitations may not apply. In such states, the liability of each party will be limited to the maximum extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without any warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties that may arise from course of dealing, course of performance, usage, or trade practice. The Company does not warrant or guarantee that the Service will meet your requirements, achieve any intended results, be compatible or function with any other software, applications, systems, or services, operate without interruption, comply with any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.

Neither the Company nor any of its providers make any express or implied representation or warranty of any kind regarding the operation or availability of the Service, the information, content, and materials, or products included thereon; that the Service will be uninterrupted or free from errors; concerning the accuracy, reliability, or currency of any information or content provided through the Service; or that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

In certain jurisdictions where the exclusion of specific warranties or limitations on applicable statutory consumer rights is not allowed, some or all of the above exclusions and limitations may not be applicable. However, in such instances, the exclusions and limitations outlined in this section shall be applied to the fullest extent enforceable under the prevailing applicable law.

Governing Law

The laws of the jurisdiction, without regard to its conflicts of law principles, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other laws at the local, state, national, or international levels.

Disputes Resolution

If you have any concerns or disputes regarding the Service, you agree to seek an informal resolution by contacting the Company in the first instance.

For European Union (EU) Users

If you are a consumer residing within the European Union, you have the right to the mandatory provisions of the law in your country of residence.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is considered a "Commercial Item" as defined in 48 C.F.R. §2.101.

United States Legal Compliance

You confirm and warrant that (i) you are not residing in a country subject to the United States government embargo or identified by the United States government as a "terrorist supporting" country, and (ii) your name is not included on any United States government roster of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is considered unenforceable or invalid, it will be modified and construed to fulfill the intentions of that provision to the maximum extent permissible under applicable law. The remaining provisions will remain fully effective and operational.

Waiver

Unless expressly stated herein, the failure to exercise a right or demand the fulfillment of an obligation under these Terms will not affect a party's ability to exercise that right or demand such fulfillment at any later time. Furthermore, overlooking a breach will not constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may be translated if they are provided to You on our Service. You consent that in the event of a dispute, the original English text will take precedence.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms as needed. In the case of a substantial change, we will make reasonable efforts to notify you at least 30 days before the new terms come into effect. The determination of what constitutes a significant change will be made solely at our discretion.

By continuing to use or access our Service after these revisions come into effect, you indicate your consent to abide by the updated terms. If you disagree with the new terms, either in whole or in part, please refrain from using the website and the Service.

Contact Us

If you have any questions about this, You can contact us:

• By email: feedback@heypexdigital.com

• By visiting this page on our website: www.heypexdigital.com