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).
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.