TERMS OF SERVICE
Last updated: July 15, 2019
Hello and welcome to Hello Iris Technologies’s (“Hello Iris”, “Iris”, “we”, “us” and “our”) online website (including all content and functionality available through the www.helloiris.io domain name, the "Site") and/or human-assisted AI service that works over SMS (the “Platform”). Our Site, Platform, “Hello Iris” product and features, related data, proprietary software, and content and related documentation and information and any such services provided by us (collectively the “Services”) allows you, our users (the terms “you”, “your”, and “yours” shall refer to any and all users of the Site and/or Platform (the “Users”)), to virtually connect with other Users (“Hello Iris Match” and “Match”) and then set up a real-life meeting (“Hello Iris Meeting” and “Meeting”). Before using the Site, Platform, and/or the Services, we encourage you to carefully read these Terms of Service (the “Agreement”).
We may modify this Agreement at any time, and such modification will be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications and you agree that your continued access or use of the Site and/or Platform shall be deemed your conclusive acceptance of the modified Agreement.
1. SERVICE TERMS AND LIMITATIONS.
1.1 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement, and upon your registration for a Hello Iris Account, you are hereby granted a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Platform and the Site. All Content (as defined in Section 1.2) that is made available to view and/or download in connection with the Site and Platform is owned by and is the copyrighted work of Hello Iris and/or our suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site, the Platform and/or the Content. Your use of the Services (including the use of the materials that you download in connection with the use of the Platform, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, “Material”)) is governed by the terms of this Agreement. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, the Platform, and Services, and to block or prevent future access to and use of the Site, the Platform, and Services. You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for you to (a) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Site, Platform, or any Material; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Site, Platform, or the Material; or (e) use, frame or utilize framing techniques to enclose any portion of the Site, Platform (including the images found at this Site, Platform, or any text or the layout/design of any page or form contained on a page).
1.2 Proprietary Rights. The entire contents displayed on the Site and Platform (the “Content”) have copyright protection as a collective work under the laws of Canada and other copyright laws. We are the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site and/or Platform only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or Platform. You agree not to use our logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Hello Iris and/or its content providers. Third-party trademarks, service marks, and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.3. User’s Restrictions. You are not permitted, directly or indirectly, to (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Material; (b) copy the Material, the Content or any User Submitted Content or engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in the Canadian Copyright Act, without obtaining the express written consent of Hello Iris and/or the copyright owner; (c) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content, the Material, or any Submitted Content, in whole or in part; or (d) remove any proprietary notices or labels on the Material, the Content or any User Submitted Content.
1.4 User Agreement.
(a) Eligibility. You must be at least 18 years of age to access and use the Service. By accessing the Services, you represent and warrant that you are not legally married or in a monogamous relationship, or if married, you represent and warrant that you are currently separated from your spouse. You represent and warrant that you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence and that you are not required to register as a sex offender with any government entity. YOU UNDERSTAND AND AGREE THAT WE DO NOT, AND WE ARE NOT REQUIRED TO, CONDUCT CRIMINAL BACKGROUND SCREENINGS ON USERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF USERS OR ATTEMPT TO VERIFY THE INFORMATION OR STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with the terms of this Agreement. Any use of the Service is void where prohibited. By accessing and using the Site and/or Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
(b) Hello Iris Account. In order to access the Service, you will be required to register for a Hello Iris Account. To register for a Hello Iris Account, you must share your first name, last name, email address, and you may be requested to provide such other information as photographs of yourself, videos of yourself, your gender, your age, and your Location (as defined in Section 1.6). Once you have provided the required information and we have verified your legal ID, we will then permit you to register for a Hello Iris Account. You agree to: (i) provide true, accurate, current and complete information about yourself when registering for a Hello Iris Account, including, but not limited, to a legal ID, true photographs of yourself, true videos of yourself, and any credit card information (your “Credit Card”) as applicable; (ii) authorize Hello Iris and, if applicable, its Processor (as defined in Section 1.7(b)) to charge your Credit Card for any and all fees incurred by you for your use of the Services; (ii) maintain and promptly update your Hello Iris Account to keep it true, accurate, current and complete; and (iv) create only one unique Hello Iris Account and profile. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hello Iris has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Hello Iris Account and refuse any and all current or future use of the Services (or any portion thereof). YOU UNDERSTAND AND AGREE THAT, WHILE WE DO OUR BEST TO VERIFY USERS THROUGH THEIR LEGAL ID, WE CANNOT BE AND ARE NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY, FOR USERS WHO CREATE OR PROVIDE US WITH A FAKE, MISLEADING OR INACCURATE INFORMATION.
(c) Use of the Platform. You understand and agree that (i) your use of the Platform is conditioned upon your acceptance of the terms of this Agreement; (ii) the Platform contains copyrighted material, trade secrets, and other proprietary materials of Hello Iris and its licensors; (iii) you will only use the Platform to access and/or use the Services; (iv) you will not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service; (v) you will not authorize any third party to access and/or use the Service on your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on your behalf without a separate written agreement with us; (vi) you will not use any software or hardware that reduces the number of Users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware); (vii) you will not lend, lease, rent or sublicense the Platform; (viii) you will permit us to send and deliver updates and notifications to you as part of your use of the Platform; and (ix) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (A) decompile, disassemble or reverse engineer the Platform; (B) modify or create derivative works of the Platform; (C) use the Platform in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (D) transmit the Platform or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (E) sell, distribute, rent, lease, sublicense or otherwise transfer the Platform to a third party; or (F) use components of the Platform to run applications not running on the Platform.
1.5 User Representations. You represent and warrant to Hello Iris that you will (a) maintain the security of your user identification and other confidential information relating to your Hello Iris Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Hello Iris Account, including but not limited to, unauthorized use of your Hello Iris Account prior to you notifying Hello Iris in writing of such use and taking steps to prevent its further occurrence; (d) comply with the terms set forth herein; and (e) comply with all applicable Canadian and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site.
You further represent and warrant that (i) you are over the age of 18 and have the power, authority or consent to enter into and perform your obligations under the Agreement; (ii) all information provided by you to Hello Iris, is truthful, accurate and complete; (iii) you shall comply with all terms and conditions of this Agreement; (iv) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, email address and Phone Number; and (v) each time you upload Submitted Content (as defined herein) on the Site, Platform or through the Service, you own or otherwise control the rights or have the necessary consents to upload or post such Submitted Content and to enable inclusion and use of the Submitted Content in the manner contemplated by the Site and/or Platform.
1.6 Use of the Services.
(b) Hello Iris Meeting. You understand and agree that we are not responsible for the conduct of any User. In setting up a Hello Iris Meeting, we will suggest, and recommend that if you suggest the location of a Hello Iris Meeting, picking a populated and public place and never a private residence or a remote location. We also recommend that you take necessary precautions prior to all Hello Iris Meetings, including, but not limited to, (i) informing your friends and family of your plans, including the specifics of the Hello Iris Meeting and the Hello Iris Match you’re meeting up with; (ii) arranging for and controlling your own transportation to and from the Hello Iris Meeting; and (iii) avoiding the consumption of alcohol and/or drugs which may impair your judgement and potentially put you in danger. You understand and agree that the preceding are only recommendations from Hello Iris, and we, our officers, employees, directors, stockholders, contractors, information providers, licensors, suppliers and affiliates (our “Affiliates”), are not responsible and liable in any way for your or your Hello Iris Match’s actions, interactions, communications and conduct prior to, during or after any Hello Iris Meeting. You further understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with Hello Iris Matches you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.
(c) Cancellations. If you are using the Services and are ready to Bounce, you agree that you will be ready to and can meet with a Hello Iris Match within one hour of starting a Session. Given the short time period between getting a Hello Iris Match and showing up at the Hello Iris Meeting, you agree that, absent unavoidable emergencies or events beyond your control (e.g. traffic accidents, family emergencies, train derailment, etc.), you will not cancel a Hello Iris Meeting for any reason. You understand and agree that, in the event that you are required to cancel a Hello Iris Meeting, after three such cancellations, your Hello Iris Account will be suspended or terminated, at our discretion, and you will be prohibited from using the Services. However, if your Hello Iris Account was suspended or terminated, you can contact us at email@example.com to discuss whether reactivation of your Hello Iris Account will be allowed. We encourage you to report any Hello Iris Match that cancels a Hello Iris Meeting with you.
1.7 Fees; Third Party Payment Processor.
(a) Fees. Use of the Services is charged on a monthly or annual subscription basis (the “Subscription”). We may bill any fees in connection with your Subscription (the “Fees”) to you through your Hello Iris Account or, if applicable, through a Processor, for use of the Service. You agree to pay us all Fees at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Hello Iris Account, and you authorize us to charge your Credit Card for all Fees. You agree to make payment using that selected Credit Card. We may correct any billing errors or mistakes that we make even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Credit Card, we may in our discretion terminate your Hello Iris Account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your Hello Iris Account reinstated. Your Subscription will continue indefinitely until canceled by you or terminated by us. After your initial Subscription commitment period, and again after any subsequent Subscription period, your Subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your Hello Iris Account will be subject to this automatic renewal feature unless your Hello Iris Account is terminated by you. If you cancel your Subscription, you may use your Subscription until the end of your then-current subscription term; your Subscription will not be renewed after your then-current term expires. You are eligible for a prorated refund of the portion of the Subscription Fee paid for the then-current subscription period. By subscribing, you authorize us to charge your Credit Card now and again at the beginning of any subsequent subscription period. You also authorize us to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your Subscription, if we do not receive payment from your Credit Card, you agree to pay all amounts due on your Hello Iris Account upon demand and/or you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your Credit Card until payment is received (upon receipt of payment, your Hello Iris Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Notwithstanding the foregoing, if, in any one month calendar period (a “Month”) you are not matched with a Hello Iris Match and do not attend a Hello Iris Meeting (a “Non-Match Month”), no Fees will be charged to your Hello Iris Account for such Month; provided, however, if you are matched with a Hello Iris Match and fail to show up or cancel the Hello Iris Meeting, this will not constitute as a Non-Match Month and you will be charged Fees for such Month. During any Month, if you are matched with a Hello Iris Match and attend the Hello Iris Meeting, but (i) your Hello Iris Match fails to show up or cancels the Hello Iris Meeting; (ii) you notify us that your Hello Iris Match failed to show up or cancelled the Hello Iris Meeting; and (iii) you are not matched with any other Hello Iris Match and do not attend a Hello Iris Meeting during the Month, such Month shall be deemed a Non-Match Month and you will not be charged Fees for that Month.
2. ONLINE COMMUNICATIONS.
2.1 Submitted Content. You are solely responsible for the information, and other content including video content and textual content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Users, including emails, videos, photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, the “Submitted Content”). You understand the Site and Platform is available to the public. Therefore any information you consider confidential should not be posted to the Site or Platform. We do not share or post your information; provided, however, you understand and agree that by posting Submitted Content, we may reveal your identity and whatever information you have agreed to share as part of creating a Hello Iris Account to (a) other Users, (b) Hello Iris Matches, or (c) any law enforcement agent or official in the event of legal action arising from your conduct in using the Services and/or any Submitted Content posting by you. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by us. We cannot and do not screen content provided by you or any other User to the Site, the Platform or through the Services. Notwithstanding the foregoing, we reserve the right to monitor content on the Site and Platform and to remove content, which we, in our sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or our operating policies for Users. You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use Site and Platform as permitted by this Agreement, our operating policies and applicable law. Our operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, and other matters are available online on the Site. We reserve the right in our sole discretion to change such policies at any time. Uploaded files may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
2.2 User Warranties and Representations. You warrant, represent and agree that you will not contribute any Submitted Content or otherwise use the Services, Site or Platform in a manner that:
infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party;
violates any law, statute, ordinance or regulation;
you should know is harmful, threatening, abusive, harassing (sexually or otherwise), tortious, defamatory, vulgar, racist, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable;
adversely affects or reflects negatively on Hello Iris’s and our Affiliates’ goodwill, name or reputation or causes duress, distress or discomfort to Hello Iris or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or Platform, or from advertising, liking or becoming a supplier to use in connection with the Site or Platform;
sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”;
transmits, distributes or uploads programs or material that contains malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information;
falsely report to an employee or agent of Hello Iris;
circumvents, disables or otherwise interferes with security-related features of the Site, the Platform or its features that prevent or restrict use or copying of any content;
intercepts or attempts to intercept email or other private communications not intended for you;
causes the Site and/or Platform to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages;
requests money from, or is intended to otherwise defraud, other Users of the Site, Platform or Service;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
posts or transmits any message, data, image or program which is indecent, obscene or pornographic;
uses the Site or Platform to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and/or
deletes any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Site or Platform.
While it is not our intent to discourage you from reporting problems about the Services, nonetheless, we reserve the right to take such actions as it deems appropriate and/or to remove any content from the Site and Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have breached any term of this Agreement), or for no reason at all.
2.3 License Grant. By posting any Submitted Content on the Site or the Platform or as part of the Services, you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed, in connection with the Services and to sublicense such rights through multiple tiers of sublicenses. You further acknowledge and agree that your name and/or likeness may be associated your Submitted Content and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name and/or likeness in association with your Submitted Content. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You hereby agree to also grant each User a non-exclusive license to access your Submitted Content through the Site and/or the Platform, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site, the Platform and under this Agreement. Further, when you post any Submitted Content on the Site and/or the Platform, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content you post from the Site and Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of the Submitted Content. In the event we allow you to provide feedback, suggestions or comments (collectively, “Feedback”) to us in connection with the Site, the Platform and/or the Services, you agree that no compensation will be paid to with respect to our use of your Feedback.
3. OPERATION. We reserve complete and sole discretion with respect to the operation of the Site and the Platform. We may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by our policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site and/or the Platform. We may, in our complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. We may, in our complete and sole discretion, review SMS and MMS messages sent to the Platform in order to provide the Service. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (x) equipment malfunctions; (y) periodic maintenance procedures or repairs which we may undertake from time to time; or (z) causes beyond our control or which are not reasonably foreseeable by us.
4. CONTENT AND GENERAL DISCLAIMERS.
4.1 General Disclaimer. THE SITE AND THE APP ARE PROVIDED BY HELLO IRIS TECHNOLOGIES ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. WE CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THE APP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. WE MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. Although we have attempted to provide accurate information on the Site and Platform, we assume no responsibility for the accuracy or completeness of the information.
4.2 Informational Purposes Only. Any opinions expressed on the Site or the Platform are the personal opinions of the original author and not of Hello Iris, even though the original author may be employed by Hello Iris. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by Hello Iris or any other party. Hello Iris does not assume any responsibility or liability for any Submitted Content posted on the Site, the Platform or any third party website linked to the Site or Platform and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information. You understand that when using the Site and/or the Platform, you may be exposed to Submitted Content and third party content from a variety of sources and that Hello Iris is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content or third party content. You further understand and acknowledge that you may be exposed to Submitted Content and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hello Iris with respect thereto. You acknowledge that statements made in the Site, the Platform and/or Submitted Content reflect only the views of their authors.
5. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HELLO IRIS TECHNOLOGIES AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR HELLO IRIS ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE APP USING YOUR HELLO IRIS ACCOUNT.
6. WAIVER AND RELEASE. YOU AGREE THAT NEITHER HELLO IRIS TECHNOLOGIES NOR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY OR LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, AS A RESULT OF OR IN CONNECTION WITH (A) YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT, (B) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING A HELLO IRIS MATCH, OR (C) YOUR ATTENDANCE AT A HELLO IRIS MEETING. YOU SPECIFICALLY ACKNOWLEDGE THAT HELLO IRIS TECHNOLOGIES SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HELLO IRIS TECHNOLOGIES AND ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF HELLO IRIS TECHNOLOGIES OR ITS AFFILIATES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT.
7. LIABILITY LIMITATION. NOTWITHSTANDING THE FOREGOING PARAGRAPH HELLO IRIS TECHNOLOGIES AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE APP, THE SOFTWARE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HELLO IRIS TECHNOLOGIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE AND THE APP ARE CONTROLLED AND OFFERED BY HELLO IRIS TECHNOLOGIES FROM ITS FACILITIES IN CANADA. 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. The Site and Platform are controlled and offered by Hello Iris from its facilities in Canada. Hello Iris makes no representations that the Site and Platform are appropriate or available for use in other locations. Those who access or use the Site and Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION. Hello Iris respects the intellectual property rights of others. You can notify Hello Iris of possible copyright infringement, and Hello Iris will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit Hello Iris to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at firstname.lastname@example.org.
9. TERM AND TERMINATION. Either you or Hello Iris may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Hello Iris also reserves the right to terminate or suspend your Hello Iris Account and access to the Site and Services without prior notice. The provisions of Sections 1.2 (Proprietary Rights), 1.3 (Use of the Platform), 1.4 (User Agreement), 1.5 (User Representations), 2 (Online Communications), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), 11 (Export Controls), 12 (Miscellaneous), and 13 (Notice) shall survive any termination of this Agreement.
11. EXPORT CONTROLS. You may not, nor may you permit any third party, directly or indirectly, to directly or indirectly export the Services, which may be subject to export restrictions imposed by Canadian law, including the Exports and Imports Permit Act (Canada).
13. NOTICE. Hello Iris may deliver notice to you under this Agreement by means of electronic mail or a general notice on the Site or the Platform. You may give notice to Hello Iris at any time via text message to the Hello Iris phone number, or via electronic mail to the Site at the following address:
ATTN: Member Services