termsofservice

Hawazai Terms of Service

Effective Date: 05/01/2022

Welcome to Hawazai, a service provided by Hawazai, Inc. (“Hawazai,” “we”,”our”, or “us”) that allows you to express your gratitude directly to the everyday people working to help make your shopping, dining, movie-going, grooming, and other daily customer experiences smooth and enjoyable! We call this the “Services” in these Terms of Service (the “Terms”), and it includes all of our websites, applications, services, and their content and functionality that we make available to you.

PLEASE CAREFULLY REVIEW THESE TERMS AND THE HAWAZAI PRIVACY POLICY (AVAILABLE AT https://www.hawazai.com/privacypolicy.html) BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ACCEPT BOTH THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE REVIEWED THE HAWAZAI PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES. PLEASE NOTE THAT SECTION 13 OF THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING DISPUTES WITH HAWAZAI.

By using the Services, you represent and warrant that you (i) are at least thirteen (13) years of age, (ii) are fully able and competent to enter into and comply with these Terms, (iii) have not previously been terminated, removed, or suspended from the Services, and (iv) reside in, and will use the Services only while you are located in, the United States.

1) Use of the Services.

a)

License Grant. Subject to your compliance with these Terms, Hawazai hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable and revocable license to access and use the Services on your personal device(s) solely for your personal, noncommercial use.

b)

User Account. To use the Services, you will have to create an account with us. We require that you use your true identity on our Services, and you may not impersonate anyone else or misrepresent your identity or affiliation. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities under your account. Hawazai will not be liable to you for any loss you may incur as a result of someone else using your username, password or account with or without your knowledge. You may be held liable for losses incurred by Hawazai or others due to any unauthorized use of your username, password or account.

c)

Authentic Experiences Only. In addition to any other restrictions in these Terms (i) if you are using the Services as a customer, you may only offer gratitude, reviews, comments, or any other input on a service provider/professional with whom you have had actual experiences and interactions. If you are using the Services as a service provider/professional, you will only list workplaces and job titles where you actually are currently working or have worked, are now employed or have been employed, or are contracted by or have been contracted by.

d)

Additional Terms. When using the Services, you also agree to comply with any posted guidelines, rules, or supplemental terms applicable to any services or features, as may be posted by Hawazai from time to time. If you witness or experience behavior that goes against our policies, please let us know.

2) Ownership.

As between you and Hawazai, Hawazai owns all right, title and interest in and to the Services, including: (a) all information, data, software, text, displays and visual interfaces, graphics, images, video, and audio, and all other elements of the Services, and their design, selection, and arrangement; and (b) all intellectual property and other legal rights (including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) in the above. You agree that, as between you and Hawazai, all content provided to you through the Services other than your User Content (as defined below) is owned by Hawazai and/or other users and that you will have no ownership rights in such content.

3) User Content.

You remain fully responsible for the images, photographs, videos, messages, and comments that you submit via the Services (“User Content”). You agree not to provide User Content that:

impersonates any person, or misrepresents your identity or affiliation with any person or organization;
gives the impression that it comes from or is endorsed by Hawazai or any other entity or third party, if that is not the case·
infringes or misappropriates any third party intellectual property right;
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;·
is unlawful, defamatory, libelous, inaccurate, deceiving, or that could reasonably be considered objectionable, profane, obscene, sexually explicit, indecent, pornographic, harassing, abusive threatening, embarrassing, hateful, intended to intimidate or incite violence, or otherwise inappropriate;
promotes illegal activity, or advocates, promotes, or assists in any unlawful act;
is spam, unwanted or unsolicited contact, or content that is shared repeatedly in a disruptive manner; or
includes the personal information of any other individual without such individual’s consent, including information that may identify such individual’s personal address or location.

You continue to own any User Content that you submit through the Services, but by submitting User Content, you hereby grant Hawazai a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Content for our purposes. You hereby waive any so-called “moral rights” (e.g., rights of attribution) that you may have in your User Content.

Other users may be able to access and view your User Content on the Services, depending on your account settings. Once you post or share your User Content with other users of the Services, you hereby irrevocably grant those users a non-exclusive license to access and use your User Content, as long as that use is consistent with these Terms and the functionality of the Services.

Please note the licenses granted by you in this Section 3 will remain even after you have deleted your account.

4) Monitoring and Enforcement.

We have the right to:

remove or refuse to post any User Content for any or no reason in our sole discretion;
take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Hawazai;
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Without limiting the above, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user, including regarding any content posted on or through the Services.

However, we cannot review all User Content as it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. This means we assume no liability for any content provided by any user.

5) Third Party Services and Links.

The Services may contain links to third party content and integrations with third party platforms, like social media sites. Hawazai does not control, endorse, sponsor, or recommend any such third party content and integrations, and will not be responsible in any way for your use of these third party content and integrations. Use of any linked third party content and integrations by you is subject to the terms of use for such third party content.

6) Limitations on Use of the Services.

You may not access or use, or attempt to access or use, the Services to take any action that could harm Hawazai or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not, and may not assist others to:

engage in any fraudulent or illegal activity on the Services;
engage in any bullying, stalking, trolling, harassment, or intimidation on the Services;
engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
take any action that imposes an unreasonable or disproportionately large load on Hawazai’s network or infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking them for personal information, or otherwise;
distribute any unauthorized materials or advertise or promote goods or services through the Services without Hawazai’s permission (including, without limitation, by sending spam or any other similar solicitation); or
engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Hawazai’s sole judgment, exposes Hawazai or any of Hawazai’s users, affiliates, or any other third party to any liability, damages, or detriment of any type, including causing damage to Hawazai’s reputation.

7) Changes to the Services.

All or any part of our Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you.

8) Changes to the Terms.

Hawazai may change these Terms at any time, in our sole discretion. Please check these Terms periodically so that you are aware of any changes. We will notify you by e-mail to the address provided in your user profile or otherwise on or through the Services of any changes to these Terms that materially modify your rights or obligations (“Material Modifications”). Any Material Modifications will be effective upon your acceptance of the modified terms, or upon your continued use of the Services 30 days after we send or post a notice of the changes, whichever is earlier. Changes to these Terms that do not materially modify your rights or obligations will be effective immediately upon publication.

9) Feedback.

Hawazai encourages you to provide any comments, suggestions or feedback you have regarding your use of the Services (“Feedback”). However, if you provide any such Feedback we can use your Feedback for any purposes without compensating you, and without asking your permission to do so.

10) Communications with You.

Hawazai may communicate with you about the Services, including through one or more third party e-mail or survey services, the Services, or other contact information you provide as part of the registration process for, or as part of using the Services.

11) Disclaimer of Warranties, Limitation of Liability, and Indemnity.

a)

Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAWAZAI IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR ANY INFORMATION, MATERIALS, OR CONTENT MADE AVAILABLE THROUGH THE SERVICES (THE “SERVICE CONTENT”), ANY ERRORS THAT MAY RESULT FROM INCOMPLETE OR INACCURATE INFORMATION PROVIDED BY YOU, OR YOUR USE OF ANY VERSION OF THE SERVICES OTHER THAN THE MOST RECENT PUBLIC VERSION OF THE SERVICES.

b)

Limitation of Liability. IN NO EVENT SHALL HAWAZAI, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS, AND AGENTS (COLLECTIVELY, THE “HAWAZAI PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HAWAZAI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE HAWAZAI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) OR $100.

c)

Indemnification. You agree to defend, indemnify, and hold harmless the Hawazai Parties from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of any of these Terms.

12) Infringement.

Hawazai encourages you to report material or content that you believe should not be on the Services. In particular, if you believe that any material on the Services infringes your work or the work of any third party, then you may notify Hawazai by following the instructions in this section. To notify Hawazai of copyright infringement on the Services, please send Hawazai a written notice by e-mail to the address or email below that includes all of the following information:

identification of the work you believe is being infringed;
identification of the work you believe is infringing, with information that is reasonably sufficient for Hawazai to locate it;
your name, address, phone number and e-mail address;
a statement that you have a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent or the law;
a statement that the information in your notification is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Hawazai Contact: legal@hawazai.com

13) Arbitration.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Any claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved by arbitration if the parties are unable to informally resolve the Dispute. YOU UNDERSTAND AND AGREE THAT YOU AND HAWAZAI ARE HEREBY WAIVING THE RIGHT TO LITIGATE ANY DISPUTE IN COURT BY A JUDGE OR BY JURY AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.

a)

Exceptions to Arbitration Agreement. Both you and Hawazai will still be able to: (a) bring an individual action in small claims court; (b) bring an individual action seeking injunctive relief in a court of law; (c) bring suit regarding intellectual property infringement; and (d) bring issues to the attention of federal, state, or local agencies, which may result in legal action.

b)

Opt-Out of Arbitration Agreement. You have the right to opt out of this agreement to arbitrate by contacting legal@hawazai.com within thirty (30) days of first accepting these Terms.

c)

Notice of Dispute. In the event of a Dispute, you or Hawazai must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution, including any relief sought (a “Notice of Dispute”). You must send any Notice of Dispute by certified U.S. Mail or Federal Express (signature required) to Hawazai at 4 Page Road, Lexington, MA 02420 (or any address that Hawazai may designate on its website) and also via e-mail to legal@hawazai.com. Hawazai will send any Notice of Dispute to you by certified U.S. Mail or Federal Express (signature required) to your address if we have it, or otherwise to your e-mail address. You and Hawazai will attempt to resolve any Dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. After thirty (30) days, you or Hawazai may commence arbitration.

d)

Binding Arbitration and Governing Law. To the fullest extent permitted under law, any arbitration between you and Hawazai will be settled under the Federal Arbitration Act, and will be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules in effect at the time the Dispute is filed, including the AAA Supplemental Procedures for Consumer-Related Disputes (the “AAA Rules”). Information about AAA and the AAA Rules and filing process is available at http://www.adr.org or by contacting Hawazai. ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT.

e)

Class Action Waiver. TO THE FULLEST EXTENT OF THE LAW, YOU AND HAWAZAI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU NOR HAWAZAI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

f)

Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA rules. We will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If your claim is more than $10,000, the payment of any fees will be decided by the AAA Rules.

g)

Filing Period. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR IN AN ARBITRATION PROCEEDING. The one-year period begins when the events giving rise to the Dispute first occur.

h)

Modifications. You have the right to reject any changes to this arbitration provision, except for a change to Hawazai’s contact information. You may reject a change by sending us a written notice within 30 days. This will result in your account on the Services being immediately terminated. Note that this arbitration provision, as it was prior to the rejected changes, will remain in effect.

i)

Enforceability. If the waiver of class actions above is found unenforceable, or this entire section is found unenforceable, then this entire section will be null and void. If that happens, you and Hawazai agree that the section below on exclusive jurisdiction and governing law will govern any Dispute.

14) Termination.

The term of these Terms will commence on the date of your first acceptance of these Terms and continue until the earliest of: (i) the date upon which Hawazai, in its sole discretion, provides notice to you of termination of these Terms or your access to the Services is terminated (which may occur for any reason); and (ii) your violation or breach of any provisions of these Terms (the “Term”). You may also terminate these Terms at any time, for any reason, by deleting your account and discontinuing any access or use of the Services. Upon expiration or termination of these Terms, the rights granted to you under these Terms with respect to the Services will immediately terminate. However, Sections 9, 11, 13, 14, 15, and 16 will continue to be in effect following any expiration or termination of these Terms.

15) Miscellaneous.

a)

General. These Terms, the Privacy Policy, and any other terms expressly incorporated by reference, form the entire agreement between you and Hawazai regarding your use of the Services. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Hawazai without restriction. No joint venture, partnership, employment, or agency relationship exists between you and Hawazai as a result of these Terms or your access to and use of the Services. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Hawazai’s failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Hawazai’s right to subsequently enforce any terms or conditions of the Terms or respond to any violations.

b)

Governing Law; Exclusive Jurisdiction. These Terms shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Massachusetts (without giving effect to conflict of law principles). To the extent a lawsuit or court proceeding is permitted under these terms, you and Hawazai agree that any dispute will be litigated in the state or federal courts located in Boston, Massachusetts and both of us submit to the personal and exclusive jurisdiction of those courts.

16) Additional Terms.

Notice regarding Apple.

By downloading our application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

a)

These Terms are between Hawazai and you; Apple is not a party to these Terms.

b)

The license granted to you under these Terms is limited to a personal, limited, non-exclusive, non-transferable right to install the Services on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

c)

Apple is not responsible for the Services or any of its content and has no obligation whatsoever to furnish any maintenance or support services with respect to the Services.

d)

In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

e)

Apple is not responsible for addressing any claims by you or a third party relating to the Services or your possession or use of the Services, including without limitation (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f)

In the event of any third party claim that the Services or your possession and use of the Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.

g)

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h)

Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

i)

Hawazai expressly authorizes use of the Services by multiple users through the Family Sharing or any similar functionality provided by Apple.

For inquiries or questions regarding these Terms or the Services, please contact Hawazai at legal@hawazai.com.