Hoya TERMS of Service

Welcome to use Hoya service!

This is an agreement about user registration, login and service provided by Hoya between you and Hoya team (hereinafter referred to as "we", "our" or "Hoya”). This agreement describes the rights and obligations about the service provided by Hoya between Hoya and the users.

To use Hoya services, you should read and comply with the Hoya Terms of Services(TOS) and Privacy Policy. You must read carefully and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, the applicable provisions of jurisdiction and law, and the separate agreement when enable or use the service. The restrictions and disclaimers may be highlighted in the form of blackbody thickening or underlining. Unless you have read and accept all the terms of this agreement, you do not have the right to use the services provided by Hoya. Using Hoya's service means you have read and agree with the constraints of the agreement.

1. The scope of application of this Agreement

1.1. This TOS is an agreement between users and Hoya about the use of Hoya network related services. "Hoya" refers to the Hoya team and the associated companies that may be able to operate their related services. "User" refers to the user who uses Hoya network related services.

1.2. The services related in this agreement refer to the products and services provided by Hoya, including but not limited to caller identification, Internet media, Internet advertising and so on.

1.3. This agreement also includes “Hoya Term of Service”, “Privacy Policy” and all kinds of Hoya protocol and rules. You may need to agree a separate TOS with Hoya and accept relevant business rules when using a particular service. If The contents of this agreement conflict with the above-mentioned separate agreements but not specified, consider the contents in the separate agreement. Once the above content is formally issued, it is an integral part of the agreement, and the user should also abide by it. The acceptance of any business rules and individual agreements mentioned above is regarded as users have accepted the agreement.

2. Security of account and password

2.1. You may need to register an account when using service of Hoya, and the account is owned by Hoya. You get the right to use the account after registering, only you have the right to use the account and it’s forbidden to give, borrow, rent, transfer or sell to others. Hoya has the right to recover the account in business needs, more detail please check the individual agreement.

2.2. In particular, Hoya reminds you should keep your account and password properly, and take legal responsibility for the behavior under the account and password. You should suffer loss risk of hacking or password theft coursed by your poor safekeeping.

3. Service rules

3.1. You must be responsible for all the actions of your registered account, including any content you send and any results that arise. Users should judge the contents of the service themselves, and assHoya all the risks arising from the use of content, including the risks arising from the reliance, correctness, integrity or applicability of the content. Hoya cannot and will not be liable for any loss or damage caused by the user’s behavior

3.2. Any content conveyed by users in this service or through this service does not represent or suggest Hoya's views or policies. Hoya has no liability for this.

3.3. Users must be fully responsible for the authenticity, legality and validity of the information transmitted in the service process. Any legal liability related to the information transmitted by the user is borne by the user himself, and has nothing to do with Hoya.

3.4. Hoya reserves the right to change, suspend, limit, terminate or cancel all or part of the service content without any notice at any time for the business development and unilaterally. Users need to take this risk.

3.5. The services provided by Hoya may include advertising. Users agree to display the advertisements provided by Hoya and third party suppliers and partners when using the products, and give up any advertising costs or benefits from Hoya. You agree that you should carefully judge the authenticity and reliability of advertising information appearing in Hoya service. In addition to the law, you should be responsible for the transaction based on the advertising information and bear the possible loss.

3.6. Users can not use, upload, copy or send the following contents with Hoya:

(1) To oppose the basic principles established by the constitution;
(2) Endangers state security, divulges State secrets, subverts state power and destroys national unity;
(3) Damage the state's honor and interests;
(4) Inciting ethnic hatred and ethnic discrimination and destroying national unity;
(5) To destroy the state's religious policy and to publicize the cults and superstitions of feudalism;
(6) Spreading rumors, disrupting social order and destroying social stability;
(7) Disseminating obscenity, pornography, gambling, violence, murder, terror, or instigation of crime;
(8) Insult or defamate others and infringe on the legitimate rights and interests of others;
(9) Contain false, harmful, coercion, encroach on others' privacy, harassment, infringement, injury, vulgarity, indecency, or other moral disrepentant content;
(10) Infringement of other people's intellectual property rights or other lawful rights and interests;
(11) Information containing other contents prohibited by law or administrative regulations.

3.7. According to the reasonable judgment, to the contents in violation of the relevant laws and regulations or the agreement or infringement, infringement, human rights or security threat or counterfeit behavior, Hoya has the right to stop the transmission of any of the above content, and have the right take appropriate legal action to any person in violation of the provisions with our own judgment, including but not limited to delete illegal infringement, improper sexual content from the service, stop the membership, prevent to use all or part of the services of Hoya, keep the relevant information and report to the relevant departments. If a user violates the provisions of this Agreement and causes any third party damage, the user shall bear the responsibility independently. If Hoya suffers losses, the user shall also compensate for it.

3.8. When users use the products or services provided by third parties on the Hoya platform, in addition to compliance with the agreement of this agreement, the user agreement of the third party should also be observed. The Hoya and the third parties are responsible for the possible disputes within the scope of the law and the agreement.

3.9. The ownership and operation of this service is Hoya. The services provided by Hoya will be strictly implemented in accordance with the articles of association, terms of service, and rules of operation.

3.10. All other rights that are not expressly authorized by this Agreement are still owned by Hoya. Unless in writing, Hoya does not give up or transfer the related rights or other authorizations or licenses to the relevant rights and interests.

4. Privacy policy

4.1. Protecting the user's personal information is one of the basic principles of Hoya. Hoya will collect, use, store and share your personal information according to the privacy protection policy (hereinafter referred to as the "privacy policy") in accordance with the provisions of this agreement, the Hoya privacy agreement and the separate agreement. The content of privacy protection stipulated in this agreement is inconsistent with the privacy policy mentioned above, and the relevant contents of this Agreement on personal information protection are not specified, all of them should be based on the content of privacy policy.

4.2. Without your permission, Hoya will not collect your privacy information including but not limited to the identity information, network access records, bank accounts and other financial information. In addition to the provisions of the "privacy policy" in another situation, without your permission, Hoya will not disclose or provide you any information to third parties.

4.3. Other specific contents of user privacy, please see the privacy policy.

5. Intellectual property and business secrets

5.1. The graphics, text or composition involved in this service, as well as other Hoya marks, products and service names are all Hoya trademarks. Without the prior written consent of Hoya, users shall not show or use Hoya identifier in any way or any other treatment, nor show others that you have the right to display, use or otherwise have the right to handle Hoya marking.

5.2. If Hoya provides services to you through software, network platform and other forms, all the intellectual property rights of the software and network platform that this service involves is Hoya or its Licensor.

5.3. All the work involved, the service trademark, patent and other intellectual property rights, and the related services of all commercial secrets and information content (including but not limited to the user name, attribution and category of the phone number and other relevant information, the text, software, scripts, code, design, layout framework, pictures, sound, music, video, photo application, query parsing function and all other content related in the service) are protected by law, Hoya have all the rights on the contents above. Without the prior written consent of Hoya, anyone shall not use or create related derivative works.

5.4. Without Hoya's permission, the user shall not modify the Hoya software or platform program, shall not reverse engineering Hoya software (reverse engineer) (decompile), decompile or disassemble (disassemble), shall not damage its integrity (including code, data etc.).

6. Legal responsibility and Disclaimer

6.1. Any third party’s claim or loss caused by the user's violation of the provisions of this agreement or related provisions of service, includes reasonable attorney fees, the user agrees to compensate Hoya, the cooperative company or associated company and make it free from damage. Moreover, Hoya has the right to take actions that include, but are not limited to, the interruption of license, stop providing services, restrict the use and legal investigation. Hoya has the right to reclaim its user account for illegal activities, troublemakers, and harassment of other users. At the same time, Hoya will assist the investigation in accordance with the requirements of the judicial department.

6.2. The user understands and agrees that risk factors such as force majeure may be encountered and the service will be interrupted when using this service. Force majeure is a kind of objective event that cannot be foreseen, cannot be overcome and cannot be avoided, and has a significant impact on one side or both sides. It includes, but is not limited to, natural disasters such as floods, earthquakes, epidemic plagues and storms, and social events such as wars, disturbances, government actions, etc. In the event of such a case, Hoya will try to cooperate with the relevant units at the first time to repair it in time, but Hoya disclaims the damage it causes to you within the scope permitted by law.

6.3. Within the scope of the law, Hoya does not take responsibility for the interruption or obstruction of the service as a result of the following cases:

(1) Damage by computer virus, Trojan horse or other malware, hacker attack;
(2) Failure of the computer software, system, hardware and communication lines of the user or Hoya;
(3) Improper operation of the user;
(4) The user uses this service through non Hoya authorization.
(5) Other situation that Hoya cannot control or reasonably foresee.

6.4. You understand and agree that, in the process of using this service, users may encounter risks of network information or other user behavior, Hoya will not take responsibility for the information authenticity, applicability, legal responsibility, nor for the tort damage caused to you. These risks include, but are not limited to:

(1) From another anonymous or false information containing threats, slander, objectionable or illegal content;
(2) Any psychological or physical injury or economic loss caused by others’ misleading, cheat or other reason when using the service involved in this agreement.
(3) Other risks caused by network information or user behavior.

7. Change, interruption, termination of service

7.1. Hoya may change the content of the service, or interrupt, abort, or terminate the service.

7.2. You understand and agree that Hoya has the right to decide the business strategy independently. When Hoya merger, separation, acquisition and assets transfer, Hoya can transfer the related assets under the service to the third party. Hoya can also transfer part or all of the services of the agreement to the third party after the unilateral notification. The specific assignee is subject to the Hoya notification.

7.3. In the event of any of the following cases, Hoya has the right to interrupt or terminate the services provided to you without notice:

(1) According to the law, you should submit the real information, but the personal data you provide are not authentic, or inconsistent with the registration information, and fail to provide reasonable proof.
(2) You have violated the relevant laws and regulations or the agreement of this Agreement;
(3) In accordance with the provisions of the law or the requirements of the competent department;
(4) For reasons of safety or other necessary circumstances.

7.4 You have the responsibility to back up the data stored in this service on your own. If your service is terminated, Hoya can permanently delete your data from the server, except as otherwise stipulated in the laws and regulations. After the service terminates, Hoya is not obliged to return the data to you.

8. Other terms

8.1. We solemnly remind users to read the terms of this Agreement carefully and consider the risks independently. Minors should read this agreement with the legal guardian. The final interpretation and amendment of the contents of the above articles are all Hoya.

8.2. If any clause in this agreement is completely or partially invalid or ineffective, for any reason, the remaining provisions of the agreement are still effective and execution.

8.3. The title of this agreement is only convenient, without legal or contractual effect.

8.4. If there is any dispute or dispute between users and Hoya, it should be settled amicably through negotiation. If users fail to negotiate, the users agree to submit the dispute or dispute to the court through litigation.

8.5. If you have any questions on this Agreement and this service, you can contact us by mail Hoyadating@gmail.com.

Hoya team

September, 2021