Terms & Conditions

For Apple

Last updated March 26, 2022

Feel Technology Limited (further “HAAAA” or “Licensor” or “We” or “Us” ), located at 4-66 Hamilton Road Herne Bay Auckland 1011, New Zealand (hereinafter: Licensor), grants You (“End-User” of HAAAA Application) a limited use license to use HAAAA Application (“App” or “Application”) for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. HAAAA, not Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. HAAAA acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You under these terms are reserved to HAAAA.

1. THE APPLICATION

1.2 ANYONE UNDER THE AGE OF 16 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN IS RESTRICTED FROM USING HAAAA APPLICATION.

1.3 HAAAA may at any point offer additional services/tools/function provided within HAAAA App which require additional fee/payment/subscription fee. Accepting such additional services, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user.

1.4. HAAAA may at any point, at our discretion, offer a 30-day trial period for the subscription plans, and if you agree to that offer, your payment method will not be billed until the end of the 30-day trial period. After the end of any trial period, our mobile and online subscription plans are billed in one up-front payment for the entire term of the plan you choose.

1.5 Purchases of subscriptions made through the Apple App Store are final, and are not eligible for a refund unless provided by Apple App Store Terms and Conditions.

1.6 The Application is not tailored to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use this Application.

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with HAAAA’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.5 Licensor reserves the right to modify the terms and conditions of licensing.

2.6 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 HAAAA and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor may and will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://haaaa.app/privacy-policy

6. LIABILITY

Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages.

7. THIRD PARTY CONTENT

HAAAA has no responsibility or control over the content provided by the third parties within the App. Communication opportunity provided by the App does not obligate HAAAA to monitor its content. You agree that HAAAA shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by other Users or any Third – Party Providers to be outdated, harmful, inaccurate and/or deceptive. If you believe that content provided by the third party violates these Terms and Conditions, anyone’s intellectual property rights, or shall be removed/restricted by any law you should contact us and describe such issue to allow us to investigate and resolve it. However, HAAAA may, at its own discretion, take no actions if HAAAA believes no such violation took place.

8. WARRANTY

8.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of HAAAA’s sphere of influence that affect the executability of the Application.

8.3 You are required to inspect the Application immediately after installing it and notify HAAAA about issues discovered without delay by e-mail provided herein. The defect report will be taken into consideration and further investigated.

8.4 If HAAAA confirms that the Application is defective, HAAAA reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9. PRODUCT CLAIMS

HAAAA and the End-User acknowledge that HAAAA, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement.

10. NO MEDICAL SERVICES

You acknowledge and agree that HAAAA is not a medical or health services provider or forum, and HAAAA does not engage in the practice of medicine nor into patient diagnosis. The content submitted/presented by and through the App is in no way intended as medical and/or psychiatric advice or therapy, nor is it a substitute for medical and/or psychiatric treatment and/or therapy. The App and services are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional and any communications within the App are not protected by doctor-patient confidentiality.

11. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact us using the following email address: support@haaaa.app

12. TERMINATION

The license is valid until terminated by HAAAA or by You. Your rights under this license will terminate automatically and without notice from HAAAA if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

HAAAA represents and warrants that HAAAA will comply with applicable third-party terms of agreement when using licensed Application.

14. INTELLECTUAL PROPERTY RIGHTS

HAAAA and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, HAAAA, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW

This license agreement is governed by the laws of New Zealand excluding its conflicts of law rules.

16. MISCELLANEOUS

16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

TERMS & CONDITIONS

For Android

Last updated March 26, 2020

Feel Technology Limited (further “HAAAA” or “Licensor” or “We” or “Us” ), located at 466
Hamilton Road Herne Bay Auckland 1011, New Zealand (hereinafter: Licensor), grants You ( “EndUser” or “User” of HAAAA Application) a nonexclusive, worldwide, and perpetual license to perform, display, and use HAAAA Application (“App” or “Application”) on the AndroidDevice only under the terms of this License Agreement.
By downloading the Application from the Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Google Play is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. HAAAA, not Google Play, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Google Play Terms of Service. HAAAA acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You under these terms are reserved to HAAAA.

1. THE APPLICATION; USE OF APPLICATION

1.1 HAAAA (hereinafter: Application) is a piece of software created to help you to understand your feelings and emotions while creating awareness with the people you trust. and is customized for Android mobile devices. HAAAA is designed to track your emotional condition and feelings, overviewing its dynamic over time and providing tools for harmonizing and balancing it with meditation processes.
1.2 ANYONE UNDER THE AGE OF 16 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN IS RESTRICTED FROM USING HAAAA APPLICATION.
1.3 HAAAA may at any point offer additional services/tools/function provided within HAAAA App which require additional fee/payment/subscription fee. Accepting such additional services, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user.
1.4. HAAAA may at any point, at our discretion, offer a 30day trial period for the subscription plans, and if you agree to that offer, your payment method will not be billed until the end of the 30day trial period. After the end of any trial period, our mobile and online subscription plans are billed in one upfront payment for the entire term of the plan you choose.1.5 Purchases of subscriptions are only made through the Google Play and considered to be final, and are not eligible for a refund unless provided by Google Play Terms and Conditions.
1.6 The Application is not tailored to comply with industryspecific regulations, so if your interactions would be subjected to such laws, you may not use this Application.

2. SCOPE OF LICENSE

2.1 You are given a nontransferable, nonexclusive, nonsublicensable license to install and use the Licensed Application on any Androidbased Products that You (EndUser) own or control and as permitted by the Usage Rules set forth in this section and the Google Play Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (EndUser, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Google Play Terms and Conditions, and with HAAAA’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Google Play Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this license should be interpreted to restrict thirdparty terms. When using the Application, You must ensure that You comply with applicable thirdparty terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 You acknowledge that it is Your responsibility to confirm and determine that the app enduser device on which You intend to use the Application satisfies the technical specifications mentioned above.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed herein.
4.2 HAAAA and the EndUser acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

6. LIABILITY

7. THIRD PARTY CONTENT

HAAAA has no responsibility or control over the content provided by the third parties within the App. Communication opportunity provided by the App does not obligate HAAAA to monitor its content. You agree that HAAAA shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by other Users or any Third Party Providers to be outdated, harmful, inaccurate and/or deceptive. If you believe that content provided by the third party violates these Terms and Conditions, anyone’s intellectual property rights, or shall be removed/restricted by any law you should contact us and describe such issue to allow us to investigate and resolve it. However, HAAAA may, at its own discretion, take no actions if HAAAA believes no such violation took place.

8. WARRANTY

8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
8.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of HAAAA’s sphere of influence that affect the executability of the Application.
8.3 You are required to inspect the Application immediately after installing it and notify HAAAA about issues discovered without delay by email provided herein. The defect report will be taken into consideration and further investigated.
8.4 If HAAAA confirms that the Application is defective, HAAAA reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the Google PlayOperator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Google PlayOperator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9. PRODUCT CLAIMS

HAAAA and the EndUser acknowledge that HAAAA, and not Google Play, is responsible for addressing any claims of the EndUser or any third party relating to the licensed Application or the EndUser’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement.

10. NO MEDICAL SERVICES

11. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact us using the following email address: support@haaaa.app

12. TERMINATION

13. THIRDPARTY TERMS OF AGREEMENTS AND BENEFICIARY

HAAAA represents and warrants that HAAAA will comply with applicable thirdparty terms of agreement when using licensed Application.

14. INTELLECTUAL PROPERTY RIGHTS

HAAAA and the EndUser acknowledge that, in the event of any thirdparty claim that the licensed Application or the EndUser’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, HAAAA, and not Google Play, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW

This Terms and Conditions agreement is governed by the laws of New Zealand excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Terms & Conditions

For Apple

Last updated March 26, 2022

1. THE APPLICATION

2. SCOPE OF LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. LIABILITY

7. THIRD PARTY CONTENT

8. WARRANTY

9. PRODUCT CLAIMS

10. NO MEDICAL SERVICES

11. CONTACT INFORMATION

12. TERMINATION

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

14. INTELLECTUAL PROPERTY RIGHTS

15. APPLICABLE LAW

16. MISCELLANEOUS

TERMS & CONDITIONS

For Android

Last updated March 26, 2020

1. THE APPLICATION; USE OF APPLICATION

2. SCOPE OF LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. LIABILITY

7. THIRD PARTY CONTENT

8. WARRANTY

9. PRODUCT CLAIMS

10. NO MEDICAL SERVICES

11. CONTACT INFORMATION

12. TERMINATION

13. THIRD­PARTY TERMS OF AGREEMENTS AND BENEFICIARY

14. INTELLECTUAL PROPERTY RIGHTS

15. APPLICABLE LAW

16. MISCELLANEOUS

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13. THIRDPARTY TERMS OF AGREEMENTS AND BENEFICIARY