HEHE Match

END-USER LICENSE AGREEMENT [EULA]

Last updated: May 2022.

Ensure that you read the terms of this End User License Agreement (“the agreement”) before downloading, installing or using any software applications (each, “App”) or services (“Services”) provided by HEHE Match Inc. (hereinafter referred to as “HEHE Match” or “Licensor”) the Developer of the Application “HEHE Match”. This is a legal agreement between HEHE Match Inc and you (hereinafter referred to as “Licensee” or “User”)

BY USING HEHE MATCH SERVICES IN CONNECTION WITH THE APPLICATION, INCLUDING BUT NOT LIMITED TO: (I.) ACCESS TO RESOURCES; AND (II.) ACCESS TO PERSONALIZED CONTENT THROUGH HEHE MATCH NETWORK AND/OR OTHER NETWORKS OPERATED BY HEHE MATCH INC (“SERVICES”). YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA.

THE FOLLOWING TERMS LOCATED ON THE WEBSITE COLLECTIVELY GOVERN YOUR ACCESS AND USE OF ALL PROGRAMS, CODE, SERVICES AND INFORMATION (COLLECTIVELY, “CONTENT”) AVAILABLE FROM THE LICENSOR, AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND HEHE MATCH INC BY OBTAINING, USING OR PAYING FOR ANY CONTENT FROM THE APP, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL  OF  THE TERMS OF THIS AGREEMENT.

IF YOU ACQUIRE THIS APPLICATION FOR YOUR USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOU TO THIS EULA. IF THE LICENSEE DOES NOT AGREE TO THIS EULA, THE LICENSEE MAY NOT USE THIS APPLICATION AND MUST IMMEDIATELY REMOVE THE APPLICATION FROM THE MOBILE DEVICE, MOBILE COMMUNICATION TERMINAL OR COMPUTER.

This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and HEHE Match Inc regarding your use of HEHE Social application for android, iOS, etc. This EULA includes the Terms and Conditions and Privacy Policy. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR COPY THE APPLICATION.

The “Application” consists of: (a.) the HEHE Match Social Dating app, location facility and live streaming applications, provided in connection with an authorized link to this Agreement, including all application, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b.) any files that are delivered to you by  HEHE Match Inc (via online transmission, through a third-party distributor, or otherwise) to patch, update, or otherwise modify the HEHE Match Mobile Application.

HEHE Match is a dating / social application that facilitates social meetups with innovative technology powered by appearance and deliverability. The Application may provide a means for people to meet other local like-minded people based on interest, or to use other products and services offered by HEHE Match, documents, audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, Application, data and other content associated with the Services (“Content”). The Application, Services and Content are copyrighted works of HEHE Match Inc and may contain trademarks, service marks, trade names, and other intellectual property of HEHE Match Inc.

The Application and Content, and your use of the Services, are also subject to HEHE Match Terms of Use, Privacy Policy, copyright policy and Social Networking Policy (collectively “HEHE Match Terms”) which are incorporated into this Agreement by this reference.  There may also be additional terms that HEHE Match presents to you in connection with the Application, for example, at the time of download (“Additional Terms”). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.

If you are obtaining the Application from a distribution channel such as the Apple App Store, or the Android Marketplace (“Distribution Channel”), your purchase, if the application is paid, and any subscription if the Application or its Content requires a subscription, may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. We, rather than the Distribution Channel, are responsible for the Application and the content thereof. Neither we nor the Distribution Channel has any obligation to furnish any maintenance and support services with respect to the Application.

The Application may use location-based services to locate you. If you choose to use the Application, you consent to HEHE Match and its third-party providers determining your location.

1.0       UPDATES TO THIS EULA

This Agreement applies to all downloading or installation of the Application after the Effective Date above, and use of any copy of the Application downloaded or installed after the Effective Date above. This EULA may be updated by HEHE Match Inc from time to time. Once this EULA is updated or amended, HEHE Match Inc will release the updated terms of the EULA in the Application or on HEHE Match web page at http://www.hehematch.com. Once the updated terms of the EULA are released, the updated terms will effectively substitute the original terms of the EULA. The Licensee may log in to the application or website to review the latest version of the terms of this EULA at any time.

2.0     CHANGES TO APPLICATION AND SERVICE OFFERINGS

HEHE Match or the Distribution Channel may change the pricing for the Application, Services and Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.

You acknowledge and agree that HEHE Match Inc may suspend or discontinue offering the Application; modify the Application; change or discontinue the Services available through the Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Application, Services and Content; or make other changes in HEHE Match’ product and service offerings at its sole discretion and with or without notice to you. We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. You further acknowledge and agree that even if a copy of the Application continues to reside on your device after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and HEHE Match will have no liability to you or any third party as a result.

3.0 OWNERSHIP OF THIS APPLICATION

This Application was developed and is owned by HEHE Match Inc. All the ownership of intellectual property rights in this Application (including but not limited to any code, image, data, text and add-in programs contained in this Application and in any and all future updates, modifications, revisions and/or derivative works of the Application), and attached supporting documentation belong to HEHE Match Inc and may not be used, reproduced, altered, distributed, exploit or otherwise dealt with by the Licensee without written authorization from HEHE Match Inc, unless said usage, reproduction, alteration, distribution exploitation and dealing are expressly provided for in this EULA.

You acknowledge and agree that HEHE Match Inc has all right, titles, and interests in and to the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of Canada, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and HEHE Match Inc reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.

You will not:

• in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;
• install or use the Application on a computer or other device that is primarily used as a file server;
• remove, obscure, or alter any copyright, trademark, logo, or  other proprietary notices in or on the Application;
• use any unauthorized third-party Application that intercepts, “mines,” or otherwise collects information from or through the Application, unless authorized by HEHE Match Inc in its sole discretion;
• distribute, publish, display, perform, sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user’s computer except as permitted hereunder;
• intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or HEHE Match Inc’ or its vendors’ servers or other infrastructure; or
• facilitate, create, or maintain any unauthorized connection to the  Application, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, HEHE Match or its vendors’ servers; and (b) any connection using programs or tools not approved by HEHE Match Inc in its sole discretion.
• The Services and Content accessible through the Application are also protected by intellectual property and other laws in the HEHE Match Inc and in other countries, and are subject to limitations on your use thereof, as set forth more fully in the HEHE Match Terms.

4.0 GRANT OF A LIMITED USE LICENSE.

The license applies to versions of the applications that are offered on any supported Operating System and integrated into any compatible devices including (but not limited to): android, iOS, and other supported devices and platforms.

Subject to your compliance with the HEHE Match Terms, HEHE Match Inc hereby grants, and you hereby accept, a limited, personal, non-exclusive, non-transferable, license to:

1. install the Application on one mobile device owned by you or under your legitimate control; and
2. engage in non-commercial but personal use of the Application.

All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

Note: Your use of some third-party materials included in the Application may be subject to other terms and conditions typically found in a separate license agreement located near such materials. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Application and all rights not expressly granted are reserved by HEHE Match Inc.

5.0 USE OF THE APPLICATION

When you use the Application, you may connect to HEHE Match’ or its vendors’ servers. Your communication with HEHE Match properties is governed by the HEHE Match Privacy Policy, available at Privacy Policy. You consent to our use of data that you provide or that we may collect about you through the Application, in compliance with the Privacy Policy.

The application is a social networking application.  As part of the Application, you may receive push notifications or other types of messages directly sent to you outside or inside the Application (collectively, “Push Messages”). You may control the Push Messages in your device’s or the Application’s settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of Push Messages.

The Application may allow you to access third-party properties, applications, and data services (collectively, “Third Party Properties”) like Facebook, Instagram, Whatsapp and other social media. HEHE Match does not control any Third-Party Properties to which you may connect using the Application and is not responsible for the practices of any third party. You acknowledge and agree that HEHE Match Inc is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties. You acknowledge that the Application may check for updates to the Application that may be available to you.

6.0 APPLICATION ACCOUNT

The Licensee may use the Application and enjoy various Services provided by HEHE Match Inc and/or its Affiliates by registering an account (“User Account”). The user account is the property of HEHE Match. After completing the registration application for a user account, the Licensee then has the right to use the account. The user account can only be used by the initial registrant and is prohibited as a gift, loan, lease, transfer or sale. HEHE Match Inc reserves the right to reclaim the user account for the purpose of business development.

The Licensee has the right to change, or delete the Licensee’s personal data, registration information and content submitted to the user account. The Licensee hereby acknowledges that deleted data will not be recovered and the Licensee should bear the risk associated with such action.

The Licensee shall be responsible for the safekeeping of the user account and the password, and be fully and legally responsible for all activities performed through the use of the account and the password. The Licensee should not use the accounts and passwords of other Licensees under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify HEHE Match Inc.

The Licensee should comply with the terms of this Agreement, and the correct and appropriate use of the Services. If the Licensee violates any provision of this Agreement, HEHE Match Inc reserves the right to terminate the HEHE Match service to the Licensee based on this Agreement. Meanwhile, HEHE Match Inc also reserves the right to reclaim the Licensee’s account.

In the event that Licensee has not logged in to his/her account for a long time, HEHE Match reserves the right to reclaim his/her user account in order to avoid waste of resources. The Licensee shall bear the responsibility for the issues caused.

7.0 USER REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive location and delivery services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause trouble, displeasure, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other methods of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other methods of identity verification.

8.0 NOTIFICATIONS – EMAIL, TEXT MESSAGING AND TELEPHONE CALLS

You agree that HEHE Match Inc may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with a user account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing goods or services. You also understand that you may opt-out of receiving emails, or text messages from HEHE Match at any time. If you do not choose to opt-out, HEHE Match may contact you as outlined in its Privacy Statement.

9.0 NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.  HEHE Match does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

10.0 THE SERVICES

HEHE Match offers one-stop-shop services for professional singles, from complimentary networking and establishing the perfect dating environment, to providing a high-end customized matchmaking service on a subscription basis.

The Services include the use of mobile applications and related technologies, which enable people to meet other local like-minded people based on interest at an affordable cost. We work with our professional singles to find their true soulmates and achieve a successful, long-term match.  Unless otherwise agreed by HEHE Match Inc in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.    

11.0 PAYMENT

You understand that use of the Services may result in charges to you for the services you receive (“Subscription”). HEHE Match will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, Please visit www.hehematch.com/fees for further information.

All Charges and payments will be enabled by HEHE Match using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HEHE Match may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise determined by HEHE Match Inc.

In certain cases, with respect to Third-Party Providers, Charges you incur will be owed directly to Third Party Providers, and HEHE Match will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider.

12.0 MOBILE ACCESS

You agree that you shall use The App to access the System and receive the Services only in accordance with the terms of this Agreement, applicable law, and the rules, policies and procedures established by HEHE Match Inc for use of the System. You agree to use The App in a manner consistent with all applicable standards and requirements, local, state, and national laws and regulations, and otherwise, in accordance with this Agreement and any rules, policies and procedures established by HEHE Match Inc for use of The App. By registering and using The App, you represent and warrant that all information provided to HEHE Match in connection with this Agreement, including in the process of registration for The App, is true, accurate and complete. You are responsible for obtaining and maintaining all equipment and systems necessary to access The App and for paying all subscription charges related thereto.

13.0 SECURITY

You are completely and exclusively responsible for any and all use of The App on iOS or Android devices. HEHE Match Inc reserves the right to withdraw or disable your access to or through The App at any time, including all Services. You comprehend and agree that The App uses a data connection over your cellular carrier or the Internet to communicate with the System and provide access on your device to the System, and by using The App you agree that data connections and communications through your cellular carrier or the Internet are never completely private or secure and that you understand that any message or information you send to or receive from the System, including during provision of the Services, may be read or intercepted by others, even though HEHE Match Inc uses industry-standard practices for protecting against such reading or interception by others and even if there is a special notice that a particular transmission is encrypted.

14.0 SUPPORT

HEHE Match may provide support for The App other than the provision of updates, patches, bug fixes and new versions via the Apple App Store or Google Play, to be determined in HEHE Match Inc’s exclusive will. Neither Apple nor Google has any obligation to provide maintenance and support for The App. It is your obligation to ensure that you are using the latest version of The App, and HEHE Match Inc may refuse to allow access to the System or the provision of the Services at any time for any App that is not the most current application available.

15.0 THIRD PARTY TERMS & RESTRICTIONS

If you elect to use The App on an Apple device, the application is separately distributed exclusively by Apple through the App Store pursuant to the Apple Terms of Use. If you elect to use The App on an Android device, the application is separately distributed exclusively by Google through Google Play pursuant to the Google Terms of Service. To use The App on an Apple device, you must separately agree to the Apple Terms of Use prior to downloading the application, and to use the application on an Android device, you must separately agree to the Google Terms of Service. If you do not agree to these separate terms, then use of The App will not be permitted on your respective Apple-supported or Google-supported device. At the time of download of The App from the App Store or Google Play, as applicable, you will be prompted to agree to the Apple Terms of Use or the Google Terms of Service by checking a box displayed at the end of these terms or by clicking on “Agree” or similar button where this option is provided, or you will be deemed to have accepted such terms by using The App.

16.0 LICENSE AND RESTRICTIONS

Subject to the terms and conditions herein and any modifications to these terms in the future, HEHE Match Inc hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the software, content, and documentation on and in The App, in object code format, only, on any iOS or Android device that you own or control, and as permitted by the Usage Rules set forth in the Apple Store Terms of Service and/or Google Play Terms of Service, only to the extent necessary for you to interact and order from Vendors providing the Services using the System. You agree not to sell, rent, lease, transfer, sublicense, provide service bureau or timeshare services, distribute or otherwise make The App available to third parties for any reason. You further agree not to: (i.) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create the source code of HEHE Match, or its structural framework, or (ii.) modify or create derivative works of The App or use The App in whole or in part for any purpose except as expressly provided in this Agreement. You also agree not to allow or permit others, directly or indirectly (including but not limited to the use of wizards, agents, bots, or other utilities) to perform any of the actions prohibited in (i) and (ii) in the immediately preceding sentence. You understand and agree that while The App is provided free of charge, fees are charged for use of the System and for Online Care Services. HEHE Match may charge for The App in the future.

Without the prior written consent of HEHE Match, the user may not:

1. reproduce the Application in whole or in part;
2. sell, assign, sub-license, disclose, or otherwise transfer or make available the Application in whole or in part to any third party;
3. use the Application to provide services to third parties;
4. implement, use, sell, distribute, transfer or permit any third party to  implement, use, sell, distribute or transfer the Application and all the intellectual property rights thereof for the purpose of profit-making;
5. copy, alter, amend, run by mount or create any derivative works based on the Application or any part or component thereof, data released to any mobile communication terminal’s internal memory by the Application and interactive data between client terminal and server’s terminal during the Application’s operation for the avoidance of doubt, the forms of such restricted acts include, but not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party’s tool/service accessing the Application and correlative systems);
6. remove, delete or alter any proprietary notices or marks (including without limitation the copyright statements) on the Application;
7. reengineer, decompile, disassemble, alter, translate or reverse engineer the Application or any part or component thereto applicable laws which permit such activities notwithstanding this contractual prohibition;
8. amend or destroy the original state of the Application;
9. use the Application to take any actions to threaten the security of the network, including but not limited to using data or entering a server/account without permission; entering public networks or others’ operating systems  and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Application system or the network or attempting without permission to conduct any other activities to damage the network  security  system; attempting without permission to intervene with or affect the normal operation of the Application or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packets;
10. log in or use the Application and Services of HEHE Match Inc by means of a third party’s compatible Application or system not developed,
11. authorized or approved by HEHE Match Inc; as to the Application and Services of HEHE Match Inc, the Licensee uses the plug-ins and outside hanging not developed, authorized or approved by HEHE Match Inc;

11. use the Application without the prior written consent of HEHE Match Inc to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Application, or to build mirror websites of said information or to develop related derivative products, works, services, plugins, outside hanging, compatibility or interconnection without authorization;
12. use the Application to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
13. use the Application to publish, deliver, transmit or store content that infringes other’s intellectual property rights, trade secrets or other legal rights;
14. use the Application, to issue, deliver or transmit bulk advertisements, unsolicited communications, spam and junk information;
15. use the Application to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, Application or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize) unless the Licensee owns or controls the related rights or have obtained the necessary authorization;
16. use the Application to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third parties;
17. use the Application to amend or forge the instruction, data and data packet in the running of Application works, add, delete, decrease or change the  functions or running effects of Application, and spread the Application for the aforesaid purposes to the public through information network, or operate them;
18. use the Application to apply the Application and Services offered by HEHE Match Inc to the running of equipment putting humans and their belongings in danger. The Licensee understands that the Application and Services offered by HEHE Match Inc are not designed for the above purposes and to the maximum extent as permitted by applicable law, HEHE Match Inc will not bear any liability or be responsible for the personal injury or death, grave losses of belongings and destruction of the environment due to the above unsuccessful operations arising from the Application and Services;
19. sell, lease, lend, spread, transfer or sub-license the Application and/or Services or gain profits from using the Application and/or Services regardless of whether the above acts were committed for the purpose of achieving direct economic or money earnings;
20. use the Application and other Services offered by HEHE Match Inc in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.

 17.0 THIRD-PARTY TERMS OF AGREEMENT

Definite components of The App may be provided by third parties. Any software, content or services provided by HEHE Match from a third party (“Third Party Components”) are provided to you hereunder subject to the terms and conditions of the applicable third party, which terms and conditions for such Third Party Components may change from time to time and if not otherwise provided to you are available by request from HEHE Match. If any such Third Party Components become unavailable to HEHE Match for any reason, or HEHE Match Inc deems it appropriate, in its reasonable discretion, then HEHE Match Inc may remove or replace such Third Party Components.

18.0 INTELLECTUAL PROPERTY

All of the content available on or through The App, uploaded to the system, or shared is the property of HEHE Match Inc or its licensors or licensees and is protected by copyright, trademark, patent, trade secret and other intellectual property law. HEHE Match Inc gives you permission to display, download, store and print the content only for your personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through The App to anyone. Any copy made of information obtained through The App must include the copyright notice. All software and accompanying documentation made available for download from The App is the copyrighted work of HEHE Match Inc or its licensors or licensees. All HEHE Match Inc trade and service names, including, but not limited to “HEHE Match Inc” are trademarks of HEHE Match Inc. All other brands and names are the property of their respective owners. Nothing contained in this Agreement or in The App should be construed as granting any license or right to use any trademark of HEHE Match Inc or its licensors, licensees or suppliers without the express written permission of HEHE Match Inc or such third party that may own the trademark.

19.0 TERMINATION OF LICENSE

Notwithstanding anything contrary to this EULA and to the maximum extent as permitted by law, HEHE Match Inc shall have the right to terminate this EULA on thirty (30) days written notice to the Licensee without giving reasons for such termination and without incurring penalties of any nature whatsoever.

If the Licensee breaches any of the stipulations in this EULA, above, HEHE Match Inc may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use the Application without notice.

20.0 WARRANTY DISCLAIMER

HEHE MATCH INC DOES NOT WARRANT: (1.) THAT THE APPLICATION’S FUNCTIONS OR ANY SERVICES OR CONTENT WILL BE UNINTERRUPTED   OR   FREE   OF   ERRORS   OR   OMISSIONS;   (2.)   THAT DEFECTS WILL BE CORRECTED; (3.) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4.) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. HEHE MATCH INC SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. HEHE MATCH INC AND THE DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.

The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including (i.) product liability claims; (ii.) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii.) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the address below. The Distribution Channel will also not be responsible for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim.

21.0 LIMITATION OF LIABILITY/RELEASE OF CLAIMS

HEHE MATCH INC WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN ITS PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD,  ACTS OF THIRD-PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

HEHE MATCH INC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,  EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF HEHE MATCH INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL HEHE MATCH INC LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ACQUIRE THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF HEHE MATCH INC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, DOCUMENTARY, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY HEHE MATCH INC, INCLUDING WITHOUT LIMITATION THE APPLICATION.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

22.0 INDEMNITY

You will indemnify, defend, and hold HEHE Match Inc and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “HEHE Match Inc Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the HEHE Match Inc Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to HEHE Match Inc or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. HEHE Match Inc reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify HEHE Match Inc, and you will cooperate with HEHE Match Inc’s defence of these claims.

23.0 AUDIT

During the term of this Agreement and for a period of one year thereafter, HEHE Match Inc may, during normal business hours and upon reasonable prior notice to End User, inspect the files, mobile processors, equipment and facilities of End User to verify End User’s compliance with this EULA

24.0 EXPORT CONTROLS

You will not ship, transfer, or export the Application into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). You represent and warrant that you are not a citizen of, and are not located within, 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 that you are not otherwise prohibited under the Export Laws from receiving the Application.

25.0 GOVERNING LAW, VENUE, AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Agreement, whether as to the interpretation, performance, or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

26.0 DISPUTE RESOLUTION

The parties agree that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good-faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences, and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate Ontario court process provided that the matter can only be heard in Small Claim Court and that decision will be final. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act.

27.0    ASSIGNMENT

The licensee may not assign this EULA, and any attempted assignment will be null and void.

28.0    MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided.  However, this Agreement will coexist with the HEHE Match Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the HEHE Match Terms, this Agreement will govern. 

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email if you have provided them to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. 

If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that the Distribution Channel and its subsidiaries are intended third-party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.

CONTACT INFORMATION

You may contact us at:

HEHE Match Inc 

18 King St E, Suite 1400, Toronto, Ontario, Canada M5C 1C4

​Note: Some of the headings in these terms of agreement might not fully explain their contents and purpose, so, therefore; we advise that you review these terms properly before installing or using the HEHE Match App.

If you have any questions, claims, or complaints, you should notify us through the contact or help feature of the relevant Service.

You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.

Revised & Updated: May 6, 2022