Hygger Privacy Policy
Effective from May 21, 2018
Welcome to Hygger! We respect your right to privacy. This Privacy Policy sets out details of the information that we may collect from you and how we may use that information. Hygger LLC is the producer and owner of Hygger (collectively referred to here as the/our “Services”, “us” or “we”), which are collaborative web and mobile based applications that help teams and individuals manage their workflow.
This privacy policy describes what information we collect when you visit our Services, how we use that information, and what choices we offer you to access, update, and control it.
Information we collect
Profile Information: In order to receive Hygger service, you will be required to register and provide us with certain information, including information that can be used for personal identification; such as an email address, first and last name, phone number, company name, company size, profile picture. You will be asked to provide your billing details, once choose to change your subscription plan after a trial period, which we collect via secure payment processing services. Content: The Services include the Hygger web and mobile products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Content also includes the files and links you upload to the Services. Examples of content we collect and store include: files you attach to a task, the name of a project, collection, board, task or group, descriptions of items, checklists comments you enter on a task. Support Channels: The Services also include customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. You will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue. Web Logs: The Services gather certain information and store it in log files when you interact with our Websites and SaaS Products. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your Devices, your mobile carrier, and system configuration information.How we collect information
We collect information two ways: Information we get from your use of our Services, and information you provide to us directly. Information we get from your use of the Services is primarily non-personally-identifying information of the sort that web browsers, servers, and services like Google Analytics* typically make available, such as the browser type, language preference, referring site, and the time of each visit. Other non-identifying information that we might have access to includes how you use the Service (e.g. search queries), your approximate location, cookies, etc. When you use the Services, we also collect potentially personally identifying information in the form of Internet Protocol (IP) addresses, the Uniform Resource Locator (URL) accessed (which may reference the name of a board, ticket, username, or team), and the unique identification number associated with the account. Information you provide to us directly. Certain visitors to our Services choose to interact with them in ways that may require them to provide us with personally identifying information. Do we use 'cookies'? Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help you authorize on our site and access your account. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies. If you turn cookies off in your browser, some of the features that make your site experience more efficient may not function properly. In our case, you will not be able to log in to your account. COPPA (Children Online Privacy Protection Act) When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. We do not specifically market to children under the age of 13 years old. We do not collect personal information from children without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws, we will promptly delete the information.How we use information
We may use the information we collect from you when you register, purchase our services, subscribe to our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:- To allow you to register for our Services and to administer and process the registration
- To communicate with you about our products, services and related issues
- To evaluate the quality of our products and services
- To better understand your interests and needs, and improve the Services
- To quickly process your transactions or resolve billing issues associated with your account.
How we share information
Hygger will share your information in the following ways: Service Providers. We may provide access to or share your information with select third parties who perform services on our behalf. These third parties provide a variety of services to us, including without limitation billing, sales, marketing, provision of content and features, advertising, analytics, research, customer service, shipping and fulfillment, data storage, security, fraud prevention, payment processing, and legal services. Third-Party Integrations. When you initiate a connection with a third-party integration through the Services (e.g., Dropbox, Google Drive, Slack), we will share information about you that is required to enable your use of the third-party integration through the Services. Community Forums. Our website makes it possible for you to upload and share comments or feedback publicly (i.e., outside of the Hygger mobile and web app) with other users, such as on the Hygger blog. Any information that you submit through such public features is not confidential, and Hygger may use it for any purpose (including in testimonials or other Hygger marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines.How we protect information
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.How long we keep information
We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information. We use Google Analytics to help us recognize your visit and track visitors' use of and interaction with the Services. We use Google Analytics to improve your user experience, and have enabled certain features within Google Analytics. Some of these features are advertising features. Our Service includes links to other websites whose privacy practices may differ from those of Hygger. If you submit personal information to any of those websites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.How to access and control your information
You may often correct, update, amend, or remove your Personal Information in your account settings. You may also contact Hygger Support. You can often remove Content using editing tools associated with that Content. In some cases, you may need to contact your company admin to request them remove the Content. You can contact us to request removal of Personal Information from Hygger services. To deactivate an organization account, please contact Hygger Support. To deactivate an account made for you without authorization, please contact us at the contact information below.Information about opting out
You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings. Please note, you will continue to receive generic ads.Billing
Additional groupings of features may be added to the Service and made available to You as a paid upgrade. Upon selection of a paid subscription, you will provide Hygger with the necessary billing information. Credit cards are the only payment method Hygger will accept for payment of a monthly subscription fee. All currency references are in U.S. dollars. If you select a paid subscription, you must provide current, complete and accurate billing data (billing address, credit card number or credit card expiration date). You must promptly update all billing data to keep your account current, complete and accurate and you must promptly notify Hygger if your payment method is changed (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your name or password. As long as your account remains active, you will be charged the subscription fee even if you never use the service. You may, however, cancel your paid subscription at any time.Our policy towards children
The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.Communications
Service-related Announcements. We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. App Notifications. We may send you notifications on your mobile device. You may disable these notifications in the settings of your device. Customer Service. Based upon the personal information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your Hygger Account. We will communicate with you by email or Live-chat, in accordance with your indicated preferences. Updating Personally Identifiable Information. If your personal information changes, or if you no longer desire our services, you may update it by making the change in your account page. In case you want to deactivate your account email our Customer Support at [email protected], or by using a Live-chat. When we delete any information, it will be deleted from the active database.Blog
Our Service offers publicly accessible blogs that may be shared on various social networks. Our blog is managed by a third party application that may require you to register to post a comment. We do not have control of the comments posted to the blog (even though we reserve our right to moderate such comments). You will need to contact or login into the third party application if you want your personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy. Your interactions with these features are governed by the privacy policy of the company providing the service.Newsletter
You may choose to receive our Newsletter, which provide you with updates and weekly tips. Your email address is required to sign up. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page, or you can contact us at [email protected] We may also send you service related non-promotional email announcements on rare occasions when it is necessary to do so, for example, during provision of maintenance services.Changes to this Privacy Policy
We reserve the right to amend, change, suspend and/or update our platform, our products, our services and this Privacy Policy, in whole or in part, from time to time and at our sole and final discretion. Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications. We will post any updates on our platform, and may also send you an email or otherwise notify you.Contacting Us
If there are any questions regarding this privacy policy, you may contact us at [email protected]Hygger Terms of Service
Effective from June 15, 2017These Terms of Service (“Terms“) regulate your use of the website or mobile applications (hereinafter collectively referred to as the “Service”) provided by Hygger LLC. (hereinafter, “Hygger”). By using the Service you become a customer (“Customer”) and agree to be bound by these Terms and our Privacy Policy.
As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, whether registered with an account or not. If you’re using our Service on behalf of an organization or entity (“Company”), then you are agreeing to these Terms on behalf of that Company and you represent and warrant that you have the necessary power and authority to oblige the Company to these Terms. In that case, “you” and “your” refers to that Company. As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Hygger and/or its affiliates, assignees, successors and/or brands, If you become a paid subscriber to the Service, then your use of the Service will be regulated by our Customer Agreement.Your Duties to Us
If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms, either by simple use or through a clickable action, such as the “I Agree” button or otherwise.
- You must provide true information when you create your Hygger account.
- You are responsible for keeping your password safe and for all activities that occur under your account. You should notify Hygger immediately if you become aware of any breach of security or unauthorized use of your account.
- You are not allowed to use another user’s account without our permission.
- Our Service is not intended for use by persons under the age of 13.
Updates
Hygger reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise change the Services. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update – either by an account registration or simple use – thereby indicates your acceptance thereof.
Content
The Service allows you to create tasks, upload information, text, files and other materials (the “Content”) and share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us any and all necessary license, permit and authorization to use, reproduce, process, transmit, host and display that Content for the purpose of: 1) providing you the Service and associated support; and 2) analyzing and improving the operation of the Service.
By becoming a Customer and using the Service, you are granting us a permit to display your Company’s wordmark and logo (logomark and logotype) on the Service. We reserve the right to remove your Company’s wordmark and logo (logomark and logotype) displayed on the Service upon the request of the Company. We reserve the right to remove Content on the Service that violates these Terms or that we otherwise reasonably believe may create liability for Hygger and its affiliates, licensors and subsidiaries.Administrator Access to Your Content
When you sign up for our Service, you may connect one or more email addresses to your account. If you use an email address provided by a third party of which you are a part (e.g. [email protected]) (each an “Entity”) you hereby give that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain.
User Code of Conduct
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Services, or allow others to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
- Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
- Use the Services to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Undertake any action that will or may cause an unreasonable load on Hygger’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the Site.
- Intercept or monitor activity via our Services without our express authorization.
- Otherwise reverse engineer, decompile or extract the proprietary code of the Services.
- Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
- Intercept or monitor activity via our Services without our express authorization.
Third Party Applications
If you choose to connect any third party application to the Service, you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilizes your Content and other information, you should review their privacy policies and terms of use, which will govern such third party’s relationship with you.
These third party applications are for your personal convenience and to provide you with further functionalities and information which may be of interest to you. The provision thereof does not imply any endorsement of such third parties (or their products and services).Billing and Payment
As a Customer, you agree to pay the stipulated subscription fee for the Service (hereinafter, the "Subscription Fee"). Subscription Fee is non-refundable except as required by law or as explicitly set forth herein. The Customer will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, the Customer authorizes Hygger to charge such fees using Customer’s selected payment method. By default, customer accounts are set to auto-renew and Hygger may automatically charge the Customer for such renewal on or after the renewal date associated with Customer’s account, unless the Customer has cancelled the Service prior to its renewal date. As long as Customer’s account is active, the Customer will be charged the Subscription Fee even if the Service is not being used.
Hygger may revise fee rates for the Service from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior to Customer’s Service renewal date. The Customer is responsible for providing complete and accurate billing information to Hygger and keeping it up to date. The Customer must promptly notify Hygger in case of change in a payment method (for example, for loss or theft) or if the Customer becomes aware of a potential breach of security, such as the unauthorized disclosure or use of Customer’s name or password. If the Customer fails to notify Hygger about such breaches, Customer agrees that Hygger may continue charging the Customer for any use of the Service unless the Customer has terminated the Service. Hygger may suspend or terminate Customer’s use of the Service if any fees become past due. The Customer is responsible for all taxes (excluding taxes on Hygger net income) and Hygger will charge tax when required to do so by law. We use third-party payment processors to bill you for any fees and Services provided. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Hygger is not responsible for any and all errors by the payment processors.Termination
You are free to stop using the Service at any time. We also reserve the right to suspend or terminate the Service at any time, without responsibility, at our sole discretion and without prior notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that may cause Hygger financial or legal liability.
Intellectual Property Rights
The Service (excluding Content provided by users) represents Hygger intellectual property and will remain the exclusive property of Hygger and its affiliates, subsidiaries and/or licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback as we see fit and without any obligation to you.
Hygger is a Trademark of Hygger LLC.Indemnification
You bind to defend, indemnify and hold harmless Hygger and its affiliates, subsidiaries and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s and expert’s fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.
Disclaimer
Neither Hygger, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Hygger or its employees, affiliates, contractors and/or agents shall create a guarantee. The Services have not been completely tested in all situations or devices, and that the Services may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
No Warranty
The service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Hygger is not responsible for any third party content that you download or otherwise obtain through the use of the service or for any damage or loss of data that may result. Hygger does not warrant, endorses, guarantees, or assumes responsibility for any third party application or service that provides access to the service (e.g. any third party application developed using hygger API).Limitation of Liability
To the maximum extent permitted by law, in no event shall Hygger, its affiliates, subsidiaries, licensors, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not Hygger has been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Hygger aggregate liability for all claims related to the service shall in no case exceed the greater of the amounts paid by you to Hygger in connection with your use of the service during the twelve (12) month period prior to the claim-giving rise to such liability. Not with standing anything else in this agreement to the contrary, our aggregate liability to you in respect of no-charge products shall be $20. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.Forum
The parties hereby consent and submit to the exclusive jurisdiction of the competent courts located at the City of Newark, Delaware, which shall have exclusive jurisdiction to hear all disputes arising in connection with these Terms, and no other courts shall have any jurisdiction whatsoever in respect of such disputes.
Governing Law
These Terms will be governed by the laws of the Delaware, without regard to its conflict of laws principles.
Data Transfer
In connection with providing you the Service Hygger may transfer, store and process your Content in the U.S. or in any other country in which Hygger or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.
Entire Agreement; Severability; Waiver
These Terms constitute the entire agreement between you and Hygger concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Hygger failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.
Assignment
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hygger without restriction. Any attempted transfer or assignment by you will be null and void.
Notices
Hygger may provide you with legal notices and notices related to your account via email using the email address associated with your account. Hygger may provide you with other marketing or business-related information, including information about Service updates or changes, via email or via our blog, which is located at the URL hygger.io/blog/.
For all your questions related to Hygger Terms of Service please e-mail us at [email protected]
Hygger Law Enforcement Guidelines
Effective from June 15, 2017
Hygger takes the privacy of customer data seriously and maintains the high level of data safety and security. The below guidelines describe the requirements we follow when dealing with the law enforcement requests for Hygger user data to comply with our Privacy Policy and Terms of Service. To ensure the requests do not infringe the rights of our users, they must meet the following requirements:
- Compliance with all applicable laws;
- Relation to a certain investigation;
- Narrow connection to the subject of investigation.
Legal Requirements
Via Hygger’s websites, platform and software, we collect user information as well as user content. We disclose user information solely for requests coming from appropriate government or law enforcement officials. An order of sufficient legal scope is required for disclosure of each type of information. Under U.S. law:
- A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.
- A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.
- A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, and is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.
- Details of the information being requested;
- Connection of the information to an ongoing investigation;
- Requester's name, title, agency, office, official email address, and direct phone number;
- Deadline to respond.
Hygger DMCA
Effective from June 15, 2017
To protect your content from being stolen by other parties, Hygger LLC complies with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please send us a DMCA Notice at [email protected]. Please include the following information to your DMCA Notice:
- Electronic or physical signature of the copyrighted content owner (or authorized person);
- Description of the copyrighted content and the URL where this infringing content is available;
- Your contact details: email, telephone and address;
- A statement of “good faith belief” that the infringing content is not authorized by the copyright owner;
- A statement by a person who sends the takedown notice that the information sent in the notice is accurate and that the sender is either the copyright owner or is authorized to act on copyright owner’s behalf.
Hygger API Terms of Use
Effective from June 15, 2017Description, Licenses, and Restrictions
Hygger API. Hygger LLC (hereinafter, “Hygger”) has an API (the “Hygger API”) which comprises programmatic web APIs, interface definitions, generated code libraries and associated tools and documentation that allow you to build software application(s) or website(s) (the "Application"), which will create, read, update or delete certain content from Hygger user accounts, including, without limitation, user personal data, project tasks, etc. (the "Content"). You may develop an Application for your own use (“Private Applications”) or for use by third parties (“Public Applications”). Developer API Keys. In order to access the API, you must apply for a unique API key from Hygger. You will be issued one or more unique security keys, tokens, passwords and/or other credentials (the "Keys"). You may only access the API with the Keys issued to you by Hygger. Access may not always be available. You may not sell, transfer, sublicense or otherwise disclose your Keys to any other party or use them with any other Application other than that for which you initially applied for. You are fully responsible for maintaining the secrecy and security of your Keys as well as for all activities that occur using your Keys, regardless of whether such activities are undertaken by you or a third party. You are responsible for maintaining up-to-date and accurate information (including a current email address and other required contact information) for your account. Hygger may discontinue your access to the API if such contact information is not up-to-date and/or you do not respond to communications directed to such coordinates. API Modifications. Hygger reserves the right to modify the Service and the API, and to release subsequent versions of the API. You may be required to obtain and use the most recent version of the API in order to obtain functionality of your Application with the Service. Prohibited Uses. Hygger API is free for developers in order to permit them to create Applications that enhance the experience of our users. Without limiting other restrictions in this Agreement, you agree that:- the API may not be used to create Applications that offer or promote services that may be damaging to, humiliating of or otherwise harmful to Hygger or its licensors, licensees, affiliates and partners;
- except for Private Applications, the API may not be used for or to create Applications that transfer, display or use Content from Hygger without the Application creating an additional or distinct benefit for Hygger end users' use of the Service.
- interfere with or disrupt services or servers or networks connected to Hygger service (the "Service"), or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- restrict or inhibit any user from using the Service;
- use the Service for any illegal or unauthorized purpose;
- circumvent or modify any Keys or other security mechanism employed by Hygger or the API;
- request, collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials for Hygger, other than by directing users to Hygger in the mechanism specifically provided by Hygger API;
- use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- create unauthorized user accounts by automated means or under false or fraudulent pretenses;
- transmit any malware, viruses, worms, defects, Trojan horses or any items of a destructive nature.
Proprietary Rights
Hygger Property. As between you and Hygger, Hygger retains all right, title and interest, including without limitation all intellectual property rights, in and to, (i) the Service (ii) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces and any derivative works and/or compilations thereof; (iii) any feedback (including suggestions comments, improvements, ideas, etc.), about the Service, the Content, the API, or any applications Hygger may be developing. Your Warranty, Ownership and License Grants. You represent and warrant that:- your Application and the Licensee Brands is your original work or was legally obtained;
- our and our sublicensees' and affiliates' use of your Application and the Licensee Brands as permitted by the licenses granted herein will not violate any third party's rights.
- use, perform and display your Application (to the extent you have provided us the means to do so) and Licensee Brands;
- link to and direct users to your Application if it is a Public Application;
- sublicense the foregoing rights to our affiliates or any third parties that are working with us as development partners, hosting facilities and in similar capacities in order to enable them to perform their services for us.
Privacy and Legal Compliance
Hygger Privacy Policy. Hygger collection and use of personal information from its users and developers is controlled by Hygger Privacy Policy, with the exception that Hygger may disclose personal information about you as noted in this Agreement (e.g., for attribution purposes and handling inquiries from users or potential users). You understand and agree that Hygger may access, preserve and reveal your contact information and your Application details if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Hygger, its affiliates or partners, Hygger Service users or the general public. Your Privacy Policy. For information you obtain from users of your Application, you will, at all times, maintain a high standard privacy policy which is fully compatible with this Agreement, and Hygger Privacy Policy and Terms of Service. You must clearly post a link to your privacy policy at the point such information is collected. You agree to observe your privacy policy in the collection, use and storage of such information. User Passwords. If your Application runs as a "client" on a computer or mobile device owned by an Hygger user, you:- may not store the user's password on that device without consent from the user;
- may not transmit or store that password to any system other than Hygger service;
- must protect the password using the standard protection mechanism for the platform (the password MUST NOT be stored in cleartext);
- must provide a mechanism for the user to sign out, which must completely remove the username and password from your application and its persistent storage.
Confidential Information
The term "Hygger Confidential Information" means any information of or relating to Hygger that becomes known to you through disclosure, observation or otherwise, and that either is appointed as confidential by Hygger or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding Hygger API and Hygger products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All Hygger Confidential Information remains the property of Hygger, and no license or other right in any Hygger Confidential Information is granted hereby. You will not reveal any Hygger Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized distribution, both during and after the term of this Agreement. You will not use any Hygger Confidential Information for the benefit of anyone other than Hygger. Upon Hygger written request, you will destroy or return to Hygger all Hygger Confidential Information in your custody or control. In addition to the terms of this provision, you and Hygger will continue to be subject to any nondisclosure agreement that you and Hygger have entered into separately. This provision will survive any termination of this Agreement.Term and Termination
Term. You agree that this Agreement shall be recognized to be in effect upon the date on which you download the API or, if this is a second or later version of this Agreement, the date on which this Agreement is posted at Hygger web site. Hygger Termination. Hygger may change, suspend or discontinue the availability of the API, or the functioning of the API with the Service, at any time and without advance notice. Furthermore, Hygger may limit, suspend or terminate your use of the API (and your rights under this Agreement) at any time. In addition, this Agreement shall terminate automatically and without notice immediately upon any breach of the terms of this Agreement by you. Your Termination. You may terminate this Agreement for any reason or no reason at all, at your convenience, by terminating your use of the API. Refusal of Certain Applications. Hygger has the right, in its sole discretion, to refuse to permit your use of the API with a particular Application. Unless Hygger states otherwise, such rejection will not terminate this Agreement with respect to any other Application. Hygger shall have no liability to you for such refusal. Termination. Upon the termination of this Agreement for any reason the rights granted to you herein, including all licenses to the API and Hygger Brands shall terminate. Neither party shall be liable to the other party for damages of any sort resulting solely from the termination of this Agreement. Remedies. You realize that your violation of this Agreement may cause irreparable harm to Hygger, the extent of which would be difficult to establish. Therefore, you agree that, in addition to any other remedies to which Hygger may be legally entitled, Hygger shall have the right to seek immediate injunctive relief in the event of a breach of this Agreement by you or any of your officers, employees, consultants or other agents.
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