HABR
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Terms of Service

1. Introduction

Welcome to Habr ("we," "our," "us," "the Company," or "the Application"). These Terms of Service ("Terms") govern your access to and use of the Habr mobile application and any related services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms constitute a legal agreement between you and Habr, and you must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher, to accept these Terms and use the Service.

2. Definitions

Throughout these Terms, the following definitions apply:

  • "Account" means a unique account created for you to access our Service.
  • "Content" refers to text, images, photos, audio, video, and all other forms of data or communication posted on or transmitted through the Service.
  • "User" refers to individuals who access or use the Service.
  • "User Content" means any Content that Users provide to be made available through the Service.
  • "Personal Data" is any information that relates to an identified or identifiable individual.

3. Account Registration and Requirements

3.1 Account Creation

To use certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by our registration form. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.

3.2 Age Requirements

You must be at least 18 years old to create an account and use the Service. By creating an account, you represent and warrant that you are at least 18 years of age. If we discover or believe that you are under 18 years old, we reserve the right to terminate your account immediately.

3.3 Account Verification

We may, in our sole discretion, require you to verify your identity or account details. This may include, but is not limited to, verification of your email address, phone number, or photo identification. Failure to complete verification when requested may result in limited access to or termination of your account.

3.4 One Person, One Account

You may not create or maintain more than one account. Each user is entitled to only one account. Creating multiple accounts may result in all of your accounts being terminated.

4. Acceptable Use Policy

4.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Service for any illegal purpose or in violation of any local, provincial, federal, or international laws
  • Harassing, threatening, stalking, or abusing other users
  • Impersonating another person or entity
  • Posting or transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Posting or transmitting any Content that infringes upon the intellectual property rights of others
  • Using the Service for commercial purposes without our prior written consent
  • Attempting to gain unauthorized access to other users' accounts or any part of the Service
  • Interfering with or disrupting the Service or servers or networks connected to the Service
  • Using the Service to send spam, chain letters, or other unsolicited communications
  • Collecting or harvesting any personally identifiable information from other users
  • Using the Service for any fraudulent or deceptive practices
  • Using the Service to promote or facilitate prostitution, escort services, or any form of sexual services for compensation

4.2 Safety Guidelines

When using our Service to meet new people, we strongly recommend the following safety practices:

  • Meet in public places for initial meetings
  • Inform a friend or family member about your plans
  • Arrange your own transportation
  • Stay sober and alert
  • Trust your instincts and leave if you feel uncomfortable
  • Report suspicious or concerning behavior to both our team and appropriate authorities

5. User Content

5.1 Content Ownership

You retain all ownership rights to the Content you submit to the Service. However, by submitting Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and our business operations.

5.2 Content Responsibility

You are solely responsible for the Content that you post, upload, or otherwise make available via the Service. You represent and warrant that:

  • You own the Content posted by you or have the right to use it and grant us the rights as provided in these Terms
  • Your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
  • Your Content does not contain any material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner
  • Your Content does not violate any law or regulation

5.3 Content Monitoring

We do not actively monitor the Content posted to the Service and are not responsible for screening Content for any purpose. However, we reserve the right, but not the obligation, to monitor and review any Content on the Service and to remove any Content that violates these Terms or that we find objectionable for any reason, without prior notice.

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Habr and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Habr.

6.2 Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity
  • Your contact information, including your address, telephone number, and email address
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Please send copyright infringement notices to: [email protected]

7. Termination

7.1 Termination by You

You may terminate your account at any time by following the instructions in the Application or by contacting us at [email protected]. Upon termination, your right to use the Service will immediately cease.

7.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

7.3 Effects of Termination

Upon termination of your account:

  • Your profile and all related information will be removed from the Service
  • You will lose access to all messages, connections, and other data associated with your account
  • We may retain certain information as required by law or as necessary for our legitimate business purposes

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers

8.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantees

Habr does not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

8.3 User Interactions

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HABR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HABR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:

  • Any errors, mistakes, or inaccuracies of Content
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service
  • Any unauthorized access to or use of our secure servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party
  • Any Content posted by any user
  • Any loss or damage incurred as a result of your interactions with other users

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Habr, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Toronto, Ontario, using the English language in accordance with the Arbitration Rules and Procedures of the Canadian Arbitration Association then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

11.3 Class Action Waiver

ANY ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

11.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. By using the Service, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

14. Subscription Services

14.1 Subscription Terms

We may offer subscription services that provide enhanced features and functionality. By subscribing to these services, you agree to pay the fees described at the time of subscription. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

14.2 Free Trials

We may offer free trials of our subscription services. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends.

14.3 Cancellation

You may cancel your subscription at any time through your device's subscription management settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial subscription periods.

14.4 Price Changes

We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on the Service or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the subscription after the fee change becomes effective constitutes your agreement to pay the changed amount.

15. Canadian Legal Compliance

15.1 Personal Information Protection

We comply with Canadian federal and provincial privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. For more information on how we handle your personal information, please see our Privacy Policy.

15.2 Language

The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

15.3 Consumer Protection

If you are a resident of Quebec, the Consumer Protection Act (Quebec) may provide you with additional rights. Nothing in these Terms is intended to limit any consumer protection rights that you may have under applicable laws.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Address: [Your Company Address]

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