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Terms Of Use

 

Transparency is very important to us.

Learn more about Harmony and our Terms of Use.

 

Effective Date: May 1st, 2022

If you have any questions regarding our Terms of Use, please contact us @ legal@harmonytheapp.com. 

To view our Privacy Policy, click here.

 

Welcome To Harmony

Thank you for joining the Harmony community. Our mission is to connect people who can help each other answer short questions and solve unique problems. We hope that you will use Harmony to seek assistance from — and provide assistance for — others in a positive way.

 

These Terms of Use set the rules for how we interact with you, how you interact with other users, and how you can, and cannot, use Harmony. These rules are to encourage positive use of the Services, to protect you and Harmony, and to allow us to take action if and when it becomes necessary. 

 

Summary

These are the terms that explain how you can use the Services, and they form a legal agreement between you and us. When you use the Services: 

  • You agree to treat Harmony and other users with respect.
  • You understand that Harmony is not responsible for the content that is shared using the Services.
  • You agree to not use the Services to break the law, share inappropriate content, or mistreat, abuse, or intentionally cause harm to Harmony or other users.
  • You agree to not download, sell, resell or use Harmony for any commercial purposes without a separate written agreement with us.

 

Overview

Harmony allows users to connect via an audio or video call to help each other answer short questions and solve unique problems. Harmony provides the platform and application to establish and facilitate these connections. We do not create, interpret, or pre-screen the audio or video and are not responsible for the content that is shared using the Services.

 

Legal Agreement

These Terms of Use (“Terms of Use”) include the terms and rules to follow, set by Harmony Mobile Inc. (“Harmony,” “we,” “us,” or “our”), when you use Harmony or any Harmony service (each as a “Service” and together, the “Services”).

 

By using any part of the Services, you are agreeing to follow and be bound by our Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use any part of the Services.

 

Harmony reserves the right to make unilateral changes to these Terms of Use at any time, without your consent, and you agree that we may do so. Harmony may notify you of these changes using your email address on file. These changes will be posted here and on the Services and will take effect when posted unless stated otherwise.

 

These Terms of Use Contain A Mandatory Individual Arbitration And Class Action/Jury Trial Waiver Provision That Requires The Use Of Arbitration On An Individual Basis To Resolve Disputes, Rather Than Jury Trials Or Class Actions. You Have The Right To Opt Out Of The Binding Arbitration And Class Action/Jury Trial Waiver Provision As Described In The Section Below Entitled “Disputes.”

 

Use Of The Services

Subject to you agreeing and complying with these Terms of Use, Harmony grants you permission to access and use the Services. This permission will automatically end if you violate the Terms of Use. Harmony may withdraw or end this permission, in whole or in part, at any time and for any reason.

 

You are solely responsible for your interaction with other users of the Services. You agree that Harmony is not responsible or liable for the conduct of any user or the content of any audio or video call. Harmony reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with other users, including when you share User Content or any personal information. 

 

You agree that you are responsible for all data, telecommunications, and third party charges you incur while using the Services.

 

Reporting Abuse Or Misuse Of The Services

We hope and trust that our users will be respectful but we recognize that this may not always be the case and that some users may misuse or abuse Harmony. If you witness or are subject to misuse or abuse while using Harmony, please let us know immediately at abuse@harmonytheapp.com.

 

Ownership Of User Content

When you use the Services to communicate with other users through an audio or video call, you are creating “User Content.” User Content may include sensitive or personal information, imagery, musical works, works of authorship, and other content.

 

The user who initiates an audio or video call is the “Caller,” and the user who joins that call is the “Receiver.” The audio and video calls that occur between the Caller and the Receiver are a type of User Content.

 

If you participate in an audio or video call as either the Caller or Receiver, then, and to the extent you may have any ownership rights to the content of that call under applicable law, you hereby assign all of your rights, title, and interests in and to that User Content to Harmony.

 

By using the Services to create User Content, you represent and warrant that you (1) are the owner or licensee of any content within the User Content, and (2) that you have the right, power, and authority to share that content and grant the licenses specified below. You also represent and warrant the User Content you create will not violate third party rights of any kind, including without limitation, any copyrights, rights of publicity, and privacy rights. You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you create through the Services.

 

License Of User Content

You hereby grant to Harmony, and Harmony hereby accepts from you, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, commercialize, and make derivative works of your User Content, including your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose in connection with Harmony or our successors or affiliates.

 

You waive any rights to inspect or approve of any marketing or promotional materials related to your User Content. You also waive any and all privacy rights, publicity rights, and any other similar rights in connection with User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any or all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content.

 

Ownership Of Harmony Services & Content

Notwithstanding anything to the contrary in these Terms of Use, you agree that Harmony has and will retain all rights, title, and interests (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, including content owned or licensed by Harmony (“Harmony Content”), Harmony trademarks and service marks (collectively, the “Services IP”), and all copies, modifications, and derivative works of the Services IP. You acknowledge and agree that you are obtaining a limited right to use the Services IP, and that irrespective of any use of the words “purchase,” “sale,” or similar terms in these Terms of Use or elsewhere, no ownership rights are being conveyed to you under these Terms of Use or otherwise. Nothing contained in these Terms of Use or elsewhere in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Harmony or by any third party.

 

Advertising & Promotions

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. You agree that Harmony may place such advertising and promotions on Harmony, including any pertaining to your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You agree that you are not entitled to share in the revenue generated by advertising associated with your User Content. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

 

Restrictions On Your Use Of The Services

You must be at least 17 years of age to use Harmony and you agree NOT to do any of the following:

  • Share violent, nude, partially nude, pornographic or sexually suggestive imagery, audio, text, or other content via the Services.
  • Share discriminatory, unlawful, infringing, or hateful imagery, audio, or text via the Services.
  • Solicit, collect, or use the sign in credentials of other users.
  • Defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate other users.
  • Share private or confidential information via the Services, including but not limited to, financial information, health information, identifying documents, or non-public contact information.
  • Remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Services.
  • Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Harmony Content.
  • Use the Services to seek or provide emergency aid, or as a means for delivering or receiving emergency medical treatment or services.
  • Use the Services for any illegal or unauthorized purpose.
  • Download, reproduce, duplicate, copy, sell, resell, use, or otherwise exploit any of the Services for any commercial purpose without express written permission from Harmony.
  • Change, modify, adapt, or alter the Services, or create, change, modify, or alter another website so as to falsely imply that it is associated with the Services or Harmony.
  • Attempt to reverse engineer, interfere with, restrict, or disrupt the Services, including by transmitting worms, viruses, spyware, or any other code of a destructive or disruptive nature.
  • Alter or interfere with the way any Service page is rendered or displayed on a users device.
  • Create an account or multiple accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.
  • Crawl, scrape, cache, or otherwise access any content on the Services via automated means, except as the result of standard search engine protocols or with Harmony’s written consent.
  • Encourage or facilitate the violation of these Terms of Use.

 

If you violate any of these Terms of Use, your right to use the Services terminates immediately and any further use of the Services by you constitutes an infringement of Harmony’s ownership rights, including but not limited to, its copyrights and other intellectual property rights, in the Services.

 

Reservations Of Rights

Harmony reserves all rights not expressly granted to you under these Terms of Use, including but not limited to the rights to:

  • Modify or terminate the Services or your access to the Services without liability to you (if we terminate your access to the Services or if you deactivate your account, your data will no longer be accessible through your account but may persist and appear within the Services).
  • Refuse access to the Services to you or anyone else for any reason at any time.
  • Remove any content, including User Content from our databases for any reason.
  • Remove, edit, block, or monitor User Content or accounts containing User Content that we determine violates these Terms of Use.

 

Harmony may, but is under no obligation to, exercise any of its reserved rights for any reason, with or without notice, at any time.

 

Disclaimers

HARMONY IS NOT RESPONSIBLE FOR USER CONTENT, THE INFORMATION EXCHANGED, OR ANY IMAGERY OR AUDIO TRANSMITTED DURING AN AUDIO OR VIDEO CALL BETWEEN USERS. HARMONY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND RESULTING FROM ANY USER CONTENT.

 

HARMONY SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).

 

HARMONY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE NOT TO RELY ON THE SERVICES, OR ANY INFORMATION IN THE SERVICES, OR THEIR CONTINUATION. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY USER CONTENT, OR THIRD PARTY SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT ACCESSIBLE VIA THE SERVICES.  

SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Harmony is not, NOR CLAIMS TO BE, an employer of any User.

 

Harmony’s intention is for the Services to be available as much as possible, but there will be occasions when the Services may be interrupted. including but not limited to, emergency repairs and scheduled maintenance or upgrades. 

 

your ability to ACCESS the Services is dependent on the functionality of the device that you use AND THE availability and coverage of TELECOMMUNICATION networks and the Internet, all of which involve facilities manufactured, owned, and operated by third parties. HARMONY IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY, OR FAILURE OF ANY THIRD PARTY DEVICES, SYSTEMS, OR FACILITIES REQUIRED TO USE THE SERVICES.

 

Limitation Of Liability

IN THE EVENT OF A DISPUTE BETWEEN YOU AND HARMONY: NEITHER YOU NOR HARMONY, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NEITHER PARTY’S LIABILITY TO THE OTHER WILL EXCEED USD $1,000.

 

IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER RELATED IN ANY WAY TO THE SERVICES OR YOUR INTERACTIONS USING THE SERVICES, NEITHER YOU NOR THE USER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE CONDUCT THAT FORMS THE BASIS FOR THE DISPUTE WAS INTENTIONAL, CRIMINAL, OR GROSSLY NEGLIGENT.

 

SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Not An Emergency System

Harmony Services are not designed or intended as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving emergency medical treatment or services. Harmony has not been tested or approved for such critical, high-risk uses, and you agree that you will not use Harmony for such purposes.

 

Release

You hereby release Harmony (and our affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including but not limited to, another user of the Services, whether it be at law or in equity. This includes any disputes regarding User Content or its interpretation. This release will not apply to a claim that Harmony failed to meet an obligation under these Terms of Use.

 

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Disputes

Before filing any claim against Harmony or otherwise seeking relief in a court of law, you agree to first contact Harmony at legal@harmonytheapp.com to inform us of your complaint and to seek resolution. This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that Harmony may evaluate the dispute and attempt to informally resolve it. Harmony will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.

 

Mandatory Arbitration and Class Action/Jury Trial Waiver San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find more information at www.adr.org.

 

Class Action and Jury Trial Waiver

All Claims Must Be Brought In The Party’s Individual Capacity, And Not As A Plaintiff Or Class Member In Any Purported Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding. This Waiver Applies To Class Arbitration, And Unless We Agree Otherwise, The Arbitrator May Not Consolidate More Than One Person’s Claims. You Agree That, By Entering Into These Terms of Use, You And Harmony Are Each Waiving The Right To A Trial By Jury Or To Participate In A Class Action, Collective Action, Private Attorney General Action, Or Other Representative Proceeding Of Any Kind.  

 

Right to Opt-Out of Arbitration and Class Action / Jury Trial Waiver

Action Is Required To Protect Your Legal Right To Sue Harmony In Court Or To Participate In Any Way In A Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding.  You May Opt Out Of The Foregoing Arbitration And Class Action / Jury Trial Waiver Provision Of These Terms of Use By Notifying Harmony In Writing Within 30 Days Of The Effective Date Of These Terms of Use Or Your First Use of the Services, Whichever Is Later. Such Written Notification Must Be Sent To Either: Harmony, ADDRESS, Attention: Arbitration Opt Out, or legal@harmonytheapp.com With The Subject Heading: Arbitration Opt Out. Your Written Notification Must Include: (1) Your Name, (2) Your Address, (3) Your Telephone Number, (4) Your Email Address, And (5) A Clear Statement Indicating That You Do Not Wish To Resolve Disputes Through Arbitration And Demonstrating Compliance With The 30-Day Time Limit To Opt-Out of the Above Arbitration and Class Action/Jury Trial Waiver Provisions.

 

Copyright & The DMCA

Harmony respects the intellectual property rights of others and requires that you and all of our users do the same. If you believe that content or other activity taking place on our Services constitutes infringement of a work protected by copyright, please provide Harmony’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”)

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located;
  • Your address, phone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

 

Contact Harmony’s DMCA administrator for notice of claims of copyright infringement at:

DMCA Administrator
Harmony Mobile Inc.

ADDRESS

Email: DMCA@harmonytheapp.com

 

Miscellaneous Terms & Conditions

You are responsible for compliance with applicable local laws where you live or access the Services. Harmony will not be considered to have modified or waived any of our rights or remedies under this Terms of Use unless the modification or waiver is in writing and signed by an authorized representative of Harmony. Email exchanges may not result in a waiver or modification of these Terms of Use. No delay or omission by Harmony in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

 

You will not transfer, assign, or delegate your rights or obligations under this Terms of Use to anyone without the express written permission of Harmony, and any attempt to do so will be null and void. Harmony may assign this Terms of Use in its sole discretion.

 

The Services are controlled and operated from the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You warrant that you are not prohibited from receiving US origin products, including services or software. You may not use or access the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.  

 

Neither of the parties to this Terms of Use will be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay.

 

The paragraph headings in this Terms of Use are included for ease of reference only and have no binding effect. These Terms of Use and all documents referenced in this Terms of Use (including the Privacy Policy available by hyperlink above) comprise the entire agreement between you and Harmony with respect to the use of the Services and supersede all prior agreements between the parties regarding such use as well as any conflicting or inconsistent terms in any web sites that link to or are linked from the Services. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Terms of Use, which will remain in full force and effect.

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