Terms of Service

Acceptance of these terms

These Terms of Service (the "Terms") are an agreement between you and Hyperdesigned ("we", "us", "our") governing your use of the what we saw mobile app and this website (together, the "app"). By downloading, opening or using the app you agree to these Terms. If you do not agree, do not use the app.

Our Privacy Policy explains how we handle your personal information and forms part of these Terms.

Who may use the app

You must be at least 13 years old to use the app. If the age of digital consent in your country is higher than 13, you must have reached that age, or have the consent of a parent or guardian who agrees to these Terms on your behalf. By using the app you confirm that you meet these requirements and that you are not barred from using it under the law that applies to you.

Your account

You can begin using the app as a guest, which creates an anonymous account tied to the device you are using. A guest account exists only on that installation: if you delete the app, change device, or clear its data, the account and everything associated with it may be lost and cannot be recovered. Signing in with an email address, Google or Apple is what makes your journal portable.

You are responsible for the activity that takes place under your account and for keeping the credentials of your sign-in provider secure. Tell us promptly at hyperdesigned@gmail.com if you believe your account has been used without your permission. Do not share your account, and do not create an account on behalf of someone else without their authority.

You may delete your account at any time from within the app, from Settings. See Deleting your account and data for the exact route and for what is and is not removed.

Your licence to use the app

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use one copy of the app on a device you own or control, for your own non-commercial use.

You may not:

• copy, modify, translate or create derivative works of the app;
• reverse engineer, decompile or disassemble the app, or attempt to derive its source code, except to the extent that law expressly permits despite this restriction;
• rent, lease, lend, sell, sublicense or otherwise transfer the app;
• remove, obscure or alter any notice of copyright, trademark or other proprietary right;
• use automated means to access the app, scrape or bulk-download photographs, or interfere with its normal operation;
• probe, scan or test the vulnerability of our systems, or circumvent any security or rate limit;
• use the app to build a competing product or service.

We and our licensors own the app, its design, its software, its trademarks and all other intellectual property in it. Nothing in these Terms transfers any of that to you.

Your photographs

You keep ownership of every photograph you submit. We claim no ownership of your content.

To be able to run the app, we need your permission to handle what you submit. You therefore grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, resize, adapt for display, and publicly display and distribute the photographs you submit, solely for the purpose of operating, providing, securing and improving the app. The right to sublicense exists so that our hosting and storage providers can carry out this work for us, and for no other purpose.

This licence ends when you delete the photograph or your account, except that we may retain copies as described in our Privacy Policy, and except that we cannot recall copies another person has already saved or shared outside the app.

You confirm that, for everything you submit, you took the photograph or otherwise hold the rights to it, and that you have every consent, release or permission needed from anyone appearing in it or from the owner of anything depicted in it.

Rules for what you submit

Do not submit anything that:

• sexually exploits or endangers a child in any way. We report suspected child sexual abuse material to the appropriate authorities and permanently terminate the account responsible;
• is sexually explicit, pornographic, or gratuitously violent or graphic;
• shows a recognisable person's face, or otherwise identifies a person, without their consent;
• contains readable text, documents, screens, barcodes, QR codes or other machine-readable material intended to convey a message rather than to be photographed as a subject;
• harasses, threatens, defames or promotes hatred or violence against any person or group;
• infringes anyone's copyright, trademark, privacy, publicity or other right;
• contains malware, or is spam, advertising or a solicitation;
• is unlawful under any law that applies to you or to us.

Do not attempt to defeat moderation, submit on behalf of a banned account, or use the app to collect information about other people.

Moderation and removal

Every submission is reviewed before it appears publicly. We may reject, remove, blur or refuse to publish anything, at our discretion, whether or not it breaks a rule above, and we may do so without notice where the content is unlawful or presents a risk to someone's safety.

Review involves both automated checks and human moderators, who see submitted photographs in order to do the work. A rejection is not a judgement about you, and we are not obliged to give a reason, though we generally will. We are not obliged to monitor content, and the fact that something is visible in the app does not mean we endorse it.

Reporting content

If you see something that breaks these Terms, report it from within the app, or write to hyperdesigned@gmail.com. We review every report and act on it where it is warranted, which may include removing the content and suspending the account responsible.

If you believe content in the app infringes your copyright, write to us at the same address with enough detail to identify the work and the content complained of, your contact details, and a statement that you have a good-faith belief the use is unauthorised. We remove infringing content and terminate the accounts of repeat infringers.

Subscriptions and purchases

The app may offer paid features, including auto-renewing subscriptions. Where it does, the price, the billing period and what you get are shown to you before you buy.

• Payment is taken by Apple or Google, not by us, through the App Store or Google Play account you are signed in to, and is governed by their terms as well as these.
• Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before it ends. Your account is charged for renewal within the 24 hours before the period ends, at the price then in effect for your plan.
• To cancel, use the subscription settings of your Apple or Google account. Deleting the app or your what we saw account does not cancel a subscription. We cannot cancel it for you.
• Refunds are handled by Apple or Google under their own policies. Except where the law gives you a right to a refund, payments are non-refundable and unused portions of a period are not refunded when you cancel.
• Price changes take effect only after we tell you, and only for periods beginning after the notice. If you do not accept a new price, cancel before it takes effect.
• If a free trial is offered, any unused part of it is forfeited when you buy a subscription.

Changes to the app

We are still building the app and it will change. We may add, alter or withdraw features, and we may suspend or discontinue the app in whole or in part. Where a change materially reduces a paid feature you have bought, we will tell you and, where the law requires it, offer you a refund of the unused part.

We do not promise the app will be available without interruption or free of error, and we may take it down for maintenance.

Suspension and termination

You may stop using the app at any time and delete your account from within it. We may suspend or terminate your access, with notice where practical and immediately where not, if you break these Terms, if your use exposes us or another person to legal risk or harm, or if we are required to by law.

When your account ends, your licence to use the app ends with it and your photographs are removed from public view. The sections of these Terms that by their nature should survive, including Your photographs, Disclaimers, Limitation of liability, Indemnity and Governing law and disputes, survive termination.

Disclaimers

To the fullest extent permitted by law, the app is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing or usage of trade.

We do not warrant that the app will meet your requirements, that it will be uninterrupted, timely, secure or error-free, that any defect will be corrected, or that content submitted by other people is accurate, lawful or inoffensive. Any material you obtain through the app is obtained at your own discretion and risk.

Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded or limited under the law that applies to you.

Limitation of liability

To the fullest extent permitted by law, neither we nor our directors, employees, agents or suppliers are liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible loss, arising out of or relating to your use of or inability to use the app, whether based in contract, tort, negligence, strict liability or otherwise, and whether or not we were advised of the possibility of such damage.

To the fullest extent permitted by law, our total liability for all claims relating to the app is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred United States dollars (USD 100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is so, the exclusions and limitations above apply only to the extent that jurisdiction permits, and nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Indemnity

You agree to indemnify and hold harmless Hyperdesigned and its directors, employees and agents from any claim, demand, loss, liability or expense, including reasonable legal fees, arising out of content you submit, your use of the app, your breach of these Terms, or your violation of any law or of the rights of a third party.

Governing law and disputes

These Terms are governed by the laws of India, without regard to its conflict of law rules. The courts of India have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the app.

If you are a consumer resident in the European Economic Area, the United Kingdom, or another country whose law gives you the protection of your local courts, nothing above deprives you of that protection: you may bring proceedings in the courts of your country of residence, and the mandatory consumer protection law of that country continues to apply to you.

Before starting formal proceedings, please write to us at hyperdesigned@gmail.com. Most disputes can be settled that way.

Apple App Store terms

The following applies if you obtained the app from the Apple App Store, and is required by Apple.

• These Terms are between you and Hyperdesigned only, and not with Apple. Apple is not responsible for the app or its content.
• Your licence to use the app is limited to a non-transferable licence to use it on any Apple branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to furnish any maintenance or support for the app.
• In the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• Apple is not responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• In the event of a third-party claim that the app or your possession and use of it infringes that party's intellectual property rights, Hyperdesigned, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, will have the right to enforce them against you as a third-party beneficiary.

Changes to these terms

We may change these Terms as the app changes or as the law requires. When we do, we will revise the effective date at the top of this page, and where a change is material we will give notice in the app or by email before it takes effect. Continuing to use the app after that means you accept the revised Terms. If you do not accept them, stop using the app and delete your account.

Contact us

For any question about these Terms, write to us:

Hyperdesigned
hyperdesigned@gmail.com
India