HANA
TERMS OF SERVICE
Effective Date: February 20, 2025
These terms of use are a binding legal contract (the "Agreement") between Hana ("we" and the "Company", as applicable) and users ("you" and the "user", as applicable) of Hana websites, mobile application (the "Application" and the "platform", as applicable), and related materials published on the Application. You shall read the Agreement before using the Application; in the case of disagreement with any of the terms hereof, you must not use the Application, related materials, or any other materials supporting the performance of the Application and must immediately stop using the platform and any related materials.
Compliance with the terms hereof, as well as all annexes hereto, is obligatory throughout the entire time of using the Application. You will be deemed to have agreed to the terms of the Agreement and all the annexes to it, as well as to accept them as binding on you, in the event of at least one of the following circumstances:
- You downloaded the Application.
- You open or access the Application through any browser and from any device.
- Creating an account in the Application.
- You contact us through the Application or through contacts posted in the Application or obtained through interaction with us.
Without prejudice to the provisions of the preamble of the Agreement, and in addition to them, we may, at our own discretion, from time to time additionally request your consent to certain provisions, which will not mean replacement of any provision of the Agreement.
1.1 Your use of the Application is governed by this Agreement, the Privacy Policy, and the Tracking Policy. The use of the platform may be subject to additional terms published in the Application. Related materials, related information materials and materials supporting the work of the Application (the "information materials") are any information posted on the Application, including but not limited to the following: computer code, any texts and images, audiovisual works, audio tracks, separate sounds, animated images, analytical information, any logos, videos, etc.
1.2 It is forbidden to use the Application for anything not related to the communication, for instance, for accumulating information about the users, publishing advertisements or other commercial data, etc. When communicating, your behavior shall not be dangerous, illegal, abusive and shall comply with the Agreement. They contain a list of actions that are prohibited by the Company. By communicating through the Application, you agree to adhere the Agreement.
1.3 Within the Application users may share their personal information with other users. The Company does not guarantee that it is safe for you to have direct contact with other users of the Application. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user of the Application is bulling, harassing you, or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us so that we may take appropriate action to block further use of the Application by any user who is using the Application and information obtained from it for improper purposes.
1.4 Since the Application and all its components, including the information materials posted on the Application are intellectual property created and/or owned by us and that we have the right to use it, the user acknowledges such circumstances and accepts the following conditions of the Application use:
- We provide you with a non-exclusive, limited by time, territory and means of use, non-transferable license to access and use the Application in accordance with the available functionality, which can be revoked by us at any time without any prior notification.
- The license is limited by the terms of the Agreement. Any provisions and rights non-provided by the Agreement are considered unforeseen and are not granted to you. The Agreement does not contain implied rights or provisions.
- You shall not recreate, duplicate, copy, sell or resell, as well as use for commercial purposes the Application and any information materials posted on the Application, unless we have given you written permission.
- You are not allowed to use any of the informational materials outside of the Application.
- Your right to use the Application and the informational materials is limited by the rights expressly granted to you hereby.
- The Application may require additional resources or permissions for proper functioning, for example, access to the Internet, to internal data storage of the user's devices, the ability to send notifications to the browser.
- We are not responsible for any relationship between the user and third parties, as well as for the results of using the Application.
1.5 We provide the users with a free access to the Application. Still, the Company is entitled to make the access to or use of the Application or any informational materials paid at any time.
1.6 The user acknowledges the circumstances and undertakes to adhere to the following restrictions:
- When using the Application, the user must not use any mechanisms, software or scripts that directly or indirectly interact with the Application, and access to which was not provided to the user in accordance with the Agreement or our written permission.
- You must not take any snaps of the Application or the Content of other users, as well as must not use such snaps in any way.
- The user must not infringe on the electronic integrity of the Application, try to overcome the protection of the Application in any way and distribute malicious software that can harm us, the Application, or other users.
- The user must not share any information, including messages, elements of the Application or the information materials, both on our behalf and on his own behalf.
- The user must not in any way share any information obtained within the Application, except through the relevant mechanisms of the Application.
- The user must not create any technical obstacles in the functioning of the Application or duplicate the actions of the Application in any way.
1.7 It is prohibited to use the Application to offend, injure, defame, or insult another person whether they are the users or not. You agree to indemnify the Company for all expenses that will be incurred in the essence of a claim against the Company. Where the Company founds out the user co violate the Agreement, the Company has every reason to block the user temporarily or permanently or/and immediately terminate the Agreement. The Company solely sets out the term of the temporary/permanent blockage. You also consent:
- Not to use software or any device to harm the Application, attempt to hack the application, ego normal operation.
- Not to commit any fraudulent or other unlawful acts in connection with the use of the Application or any other matters that we or any other user may deem to be non-public in connection with this Agreement, including spamming, link publishing, unauthorized API investment, etc.
- Not to intend to take any actions or omissions which may result in an overwhelming load on our servers. In case you find out that a person is preparing for a cyber-attack on the Application, you agree to immediately inform the Company about this incident.
- Not to work with advertising and not to make other users to buy or sell any services or items of yours or any third parties.
- To use the available parental control tools (software for blocking and filtering specific applications and resources) to exclude the minors' access to the Application.
- Not to allow minors to use the Application and you will not allow minors to communicate through the Application or do other things that may be done through the Application.
1.8 We are not owners, rightsholder or other type of operators of the Content, so we have no control over the Content and make no promises of high quality, accuracy, appropriateness, or legality of them. As to avoid any doubts, the Company makes no warranties, express or implied, as to the Content or its the accuracy and reliability. Nonetheless, the Company reserves the right to prevent the user from submitting the Content and to edit, restrict, or remove the user-generated content for any reason at any time. By creating and publishing the Content, including broadcasts, the user consents with the following:
- The Company is not a producer or director of the Content, as well as has not requested any of the Content creation or publishing. The user bears individual responsibility for the Content or other information that they create and/or publish.
- User is solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you represent and warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us and other users to use, all intellectual property and any other proprietary rights in and to any Content to enable inclusion and use of the Content in the manner set out hereunder; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content. As to avoid any doubts, you shall retain all ownership rights in the Content.
- The user grants other users a non-exclusive right to use the Content in the framework of the functional provided by the Application by viewing, reproducing (including copying) and other rights exclusively for the purpose of personal non-commercial use, except where such use infringes or may infringe the right owner's interests protected by law. The Content granted for personal non-commercial use only within the Application.
- The user grants the Company as well as warrant that the user has the right to grant the Company an irrevocable, nonexclusive, royalty-free, and fully paid worldwide license to reproduce in the Application, distribute, publicly display, prepare derivative works of, incorporate into other works, and otherwise use and exploit the Content.
1.9 We may but not obligated to filter, monitor, or moderate the Content since it is out of the Company's responsibility. The Company assumes no responsibility whatsoever in connection with or arising from the Content. If at any time we choose, in our sole discretion, to monitor the Content, the Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting the Content. Further, the Company does not endorse and has no control over the Content submitted by the users. If that content is deemed illegal (this includes any Content that does not comply with Agreement or any laws), the Company is entitled to provide all necessary information to relevant authorities. Other suspected criminal activity of the users may also be reported immediately to relevant authorities.
1.10 Please pay special attention to the fact that we do not moderate communication between our users in private chats. You understand that other users may exhibit specific types of offensive and indecent behavior. You shall stop to use the Application immediately if you think such behavior could lead to any mental or nervous disorders, disrespect for your religious understanding, or otherwise be inappropriate for you. If you decide to continue using of the Application, you agree to bear all possible risks and responsibilities associated with interacting with other users.
1.11 If an infringement of your intellectual property rights or any other violation of the Agreement in the Application occurs, we ask you to immediately report the incident to us via Customer Service.
2.1 If you entered into the Agreement, you may act only as a natural person. You may and must not register an account within the Application when being a legal entity; thus, no legal entity may be a party to the Agreement. If any such representations or warranties turn out to be false or misleading in any way, your access will be terminated immediately without refund of any unused or used funds in your account. To avoid any doubts, you have the right to use the Application when you comply with the following terms at the same time: (a) you are fully mentally capable; (b) you are not under the influence of alcohol, drugs, or pills; and (c) you access the Application from the territory other than the Restricted Jurisdictions. The Company is entitled to establish any ancillary requirements for users (location, age, etc.). The user must not use the Application before they reach full legal capacity, as well as they comply with other requirements.
2.2 To use the Application, the user shall create a user profile in the Application according to its functionality. We reserve the right, at our sole discretion, decide where to approve the registration on a case-by-case basis. The user acknowledges circumstances and accepts the following registration rules:
- We reserve the right to decline a registration without giving any reason.
- When registering, the user is obliged to indicate only reliable data about their identity and not to use third-party data without a permission of those persons.
- The user's data, such as e-mail address, telephone number, or other contact details must be unique. It means that no user has ever used such data for registration.
- The user is obliged to keep up to date all the data specified by the user during the registration or specified in the account while using the Application. The user is solely responsible and bears all the risks associated with the indication of incorrect or irrelevant data.
- The user may be advised to upload the user's photo (the "Account Photo") and use it in your account in the Application. The user has the right to change and configure the Account Photo at any time, using their account in the Application.
- The user has no rights to register one more than one (1) account. You understand and agree that anyone may be able to view any information you choose to make publicly available.
- During the registration, the user chooses a password for authorization. The password must be secure and exclude third parties from accessing the user's account. The user is solely responsible for the reliability of the password, its storage and inaccessibility to third parties. We do not bear any responsibility for the use of the user's credentials by any third parties; that means that we do not have access to your credentials, and we are not responsible for third parties' access to your credentials.
- The User is solely responsible for ways of backing up access to the account.
- All actions performed with the user's account shall be deemed performed by the user.
- We reserve the right to verify any data provided by you when registering and using the Application, as well as the user's identity. If you refuse to give us such data, we will terminate the Agreement by restricting you from using the Application.
2.3 The provision of inaccurate/false information during the registration or use of the Application may affect the quality of use of the Application and be a reason for refusing you to register an account/blocking of the account. It is strictly prohibited to use photos of other people or any other objects as your Account Photo. Accordingly, such an Account Photo will be perceived as misleading and may be deleted by the Company.
2.4 The Company in its sole discretion may (but is not obliged to) implement access-prevention mechanism and restrict access to the Application of underaged users and visitors from the Restricted Jurisdictions. The Company reserves the right to terminate any of the user's accounts immediately upon our suspicion of the user to access the Application from the Restricted Jurisdictions or otherwise violate the Agreement or its integral parts. The Company is also entitled to reject your registration or terminate your account where, including but not limited to:
- You are trying to present yourself as another person.
- A name or image you use with your account is an object of third-party rights.
- A name includes any links or advertisement.
- A name indicates you as a minor.
- A name encourages an action prohibited by the agreement.
- An image or name of obscene or may hurt other users.
- You otherwise violate or violated the agreement.
2.5 When registering an account and using the Application you transfer to us some of your personal data. Personal data will be processed in accordance with the Privacy Policy. The Policy contain information on personal data we can process, as well as other important information.
3.1 The Application is generally free to download and use. Still, we may offer paid access to app content like AI virtual try-on, outfits sharing, etc. The diamonds are digital elements of the user interface the user may interact with. You may use diamonds to access paid content in the app. The users may not obtain a refund for the diamonds owing to their online digital nature. The diamonds are fully consumed by you right after you purchase access to them, and they are shown to you through the Application.
3.2 The Company may, from time to time, offer various payment methods, including without limitation payment by credit/debit card, by certain mobile payment providers, etc. You authorize the Company to charge you for the paid features through any payment method(s) you select when purchasing the paid features (the "Payment Method") and you agree to make payment using such Payment Method (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method, such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the paid features reaffirms that we are authorized to charge your Payment Method.
3.3 The Paid Service may also be purchased through your accounts with certain third parties, such as your App Store account or your Google Play account (the "Third-Party Account"). If you purchase any paid features through a Third-Party Account, billing for these paid features will appear through your Third-Party Account. You should review the Third-Party Account's terms and conditions, which we do not control.
3.4 All fees and charges are nonrefundable and there are no refunds or credits for any partially used paid features of the Application except (a) as expressly set forth in this Agreement, (b) as otherwise required by applicable law and (c) at our sole and absolute discretion. You can also find more relevant information on our refund approaches toward some types of the paid features within respective sections hereof. Fees for the paid features may be payable in advance, in arrears, per usage or as otherwise described when you purchase the paid features. All prices for the paid features are subject to change without notice (except as otherwise described herein).
4.1 All text, data, images, graphics information, and other materials contained in the Services provided by Hana are the exclusive property of Hana and are safeguarded by copyright, trademark, and other intellectual property laws. This Agreement does not grant the User any rights or licenses to use Hana's intellectual property or materials. Users are strictly prohibited from copying, displaying, downloading, modifying, reproducing, or creating derivative works of these materials, whether directly or indirectly published, performed, rewritten, or republished for distribution or commercial purposes, unless they have obtained prior written consent from Hana. Users may only store the entirety or any portion of this information on a computer for personal and non-commercial use.
Given the distinctive nature of the APP Services, Hana will not be liable for any losses or damages incurred by the User while using the APP Services. This includes any form of compensation to the User or any third party for delays, inaccuracies, errors, omissions, disruptions, or defects related to the production, operation, transmission, transfer, or submission of information, as well as issues arising from communication failures, theft, or destruction of all or part of the aforementioned information. Additionally, Hana is not responsible for any losses or damages resulting from inaccuracies, errors, omissions, or unauthorized access to the APP Services.
4.2 Any intellectual property rights associated with software (including but not limited to images, photos, animations, video recordings, audio recordings, music, text, add-on programs, and supplementary materials) that belong to third parties and are utilized by Hana in delivering APP Services remain the property of the respective copyright holders. Users are not permitted to reverse engineer, decompile, or disassemble such software without prior authorization from the copyright owner.
4.3 By submitting user-generated content (UGC) or uploading any content, including but not limited to photographs, links, texts, and images, the User grants Hana (and all other users of the APP Services) an irrevocable, non-exclusive, royalty-free license to utilize such UGC or any other content, including its selection and arrangement, for any purpose. This includes publication, display, modification, and the creation of derivative works.
5.1 From time to time, we will send you notices that are related to the functionality of the Application and its fresh capabilities. It is your responsibility to monitor CS chats and email from time to time to avoid losing any serious data provided by us.
5.2 The Agreement and all its integral parts are valid until you or we terminate our cooperation. Despite any herein, we reserve the right, without any notice and at our sole discretion, to terminate the Agreement, suspend or terminate your right to access the Application, or suspend/terminate your account (block or freeze). The Agreement may also be terminated by us if you violate any terms hereof.
5.3 Once the Terms are terminated, your access to the Application is limited and your account will be deactivated. If, after termination, you continue to use the Application as a user or initiate a re-registration, it will mean that you have agreed to the terms hereof again and a contractual relationship has arisen. Where stipulated by the Agreement, you may be prohibited from using the Application.
In case you have questions referring to the Term of Service herein, our data acquisition practices, and/or your rights, please get in touch with our Customer Support.