Hita Terms of Service

Last updated: January 2nd, 2025

Dear users (hereinafter referred to as "users", "the user", "you"), welcome to Hita! This Terms of Service (the "Terms") is a binding contract between you and Blvision HK Limited, with offices at 2-16 Fa Yuen St, Kowloon, Hong Kong, and Hita App (hereinafter collectively referred to as "Hita", "we", "us", or "our").

Before you login, access, or use of this Hita product and Service (the "Service", "Hita") provided Blvision HK Limited and its affiliates, you are advised to read the Terms carefully. You may not use the Service if you do not accept the Terms. Your use and/or continued use of the Service will constitute your acceptance of all the terms hereof.

The following Terms of Service outline your obligations when using the Service or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the Service or through your ability to sell products on the App and generate User Generated Content (as defined herein). Please also review our Privacy Policy, which is a part of the Terms of Service and which outlines our practices towards handling any personal information that you may provide to us.

Arbitration notice: we want to let you know upfront that the Terms contain an arbitration clause a little later on. Except for certain types of disputes mentioned in that arbitration clause, you and us agree that disputes between us will be resolved by mandatory binding arbitration, and you and us waive any right to participate in a class-action lawsuit or class-wide arbitration.

If you have any concerns or questions about the Terms or matters related hereto, you can contact us through the feedback channels listed in section "Contact Us" below, and we will get back to you within 7 business days. We appreciate your patience while we process your request.

Directory
1. Who Can Use the Service
2. Rights We Grant You
3. Rights You Grant Us
4. The Contents of Others
5. Privacy
6. Respecting Other People's Rights
7. Respecting Copyright
8. Safety
9. Your Account
10. Purchases and Payments
11. Data Charges and Mobile Phones
12. Third-Party Service
13. Modifying the Service and Termination
14. Indemnity
15. Disclaimers
16. Limitation of Liability
17. Arbitration, Class Waiver, and Jury Waiver
18. Choice of Law
19. Severability
20. Additional Terms for Specific Service
21. Final Terms
22. Child Sexual Abuse Material Policy
23. Contact Us

1. Who Can Use the Service

No one under 18 is allowed to create an account or use the Service. We may offer additional Service with additional terms that may require you to be even older to use them. So please read all terms carefully.

You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, we shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the Service.

By using the Service, you state that:

(i) You can form a binding contract with us;
(ii) You will comply with the Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in the Terms and to agree to the Terms on behalf of the business or entity.

2. Rights We Grant You

We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that complies with the Terms and our usage policies.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Many of the Service let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which service you use and the settings you have selected.

For all Service, you grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates the Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

4. The Content of Others

Much of the content on the Service is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although we reserve the right to review all content that appears on the Service and to remove any content that violates the Terms, we do not necessarily review all of it. So we cannot, and do not, take responsibility for any content that others provide through the Service.

Through the Terms, we make clear that we do not want the Service put to bad uses. But because we do not review all content, we cannot guarantee that content on the Service will always conform to the Terms.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on content created by other users on Hita will be at your own risk.

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use the Service by reading our Privacy Policy. We encourage you to give the privacy policy a careful look because, by using the Service, you agree that we can collect, use, and transfer your information consistent with that policy.

6. Respecting Other People's Rights

We respect the rights of others. And so should you. You therefore may not upload, send, or store content that:

violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
bullies, harasses, or intimidates;
defames; or spams or solicits other users;
is inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by us in its sole discretion;
introduces viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code;
reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any user or visitor;
attempts to gain unauthorized access to any portion of the Service, or any systems or networks by hacking, password "mining" or any other illegitimate means;
uses any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Service or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System;
asks or offers sexually explicit images or engage in any activity harmful to minors or otherwise violates the Terms.

You must also respect our rights. The Terms do not grant you any right to:

use branding, logos, designs, photographs, videos, or any other materials used in the Service;
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Service or the content on the Service except as set forth in the Terms;
use the Service or any content on the Service for any commercial purposes without our consent.

In short: You may not use the Service or the content on the Service in ways that are not authorized by the Terms. Nor may you help or enable anyone else in doing so.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content contributed by our users, such as content which violates the Terms. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to :

satisfy any applicable law, regulation, legal process or governmental request;
enforce the Terms of Service, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to member support requests, or protect our rights, property or safety, and that of our users and the public.

We will not be responsible or liable for the exercise or non-exercise of this right under the Terms.

You understand that by using or accessing the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of user-generated content, or any loss or damage of any kind incurred as a result of the use of any user-generated content which are posted, emailed, transmitted or otherwise made available through the Service.

7. Respecting Copyright

You agree to only upload, post, submit or otherwise transmit User Generated Content:

(i) that you have the lawful right to use, copy, distribute, transmit, or display; and
(ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

We respect the legal rights of others, and asks that its users do the same.

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from the Service any infringing material that we become aware of. And if we become aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

If you file a notice with our Copyright Agent, you must:

contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide 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.

8. Safety

We try hard to keep Hita a safe place for all users. But we can't guarantee it. That's where you come in. By using the Service, you agree that:

You will not use the Service for any purpose that is illegal or prohibited in the Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other user's information.
You will not use or develop any third-party applications that interact with the Service or other users' content or information without our written consent.
You will not use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service.
You will not use or attempt to use another user's account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Service.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access.
You will not probe, scan, or test the vulnerability of the Service or any system or network.
You will not encourage or promote any activity that violates the Terms.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting the users who violate the Terms. You acknowledge that we have the right to monitor your access to or use of the Service for operating purposes, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We also care about your safety while using the Service. So do not use the Service in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.

9. Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.

By using the Service, you agree that, in addition to exercising common sense:

You will not create more than one account for yourself.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent, or lease access to your Hita account without our written permission.
You will not share your password.
You will not log in or attempt to access the Service through unauthorized third-party applications or clients.

10. Purchases and Payments

We may offer various services that you can purchase and use through the Service. You don't own these Service; instead you buy enough app virtual products to use them. You'll always be shown the price of the service before you complete a purchase. But we do not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's App Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. By accepting the Terms, you agree that we are required to provide a refund for any reason.

Some of the virtual products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate virtual products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any products you purchased through the Service.

It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

We do not transmit any funds and is not a money-service business. To the extent such functionality is made available in the Service, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.

We offer in-app purchases ("IAP") through App Store, Google Play or other application platforms authorized by us. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the Hita app or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Hita application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on Hita app or deleting the Hita application from your device does not cancel your subscription; we will retain all funds charged to your application platform until you cancel your subscription.

Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not us. To request a refund, go to App Store, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

11. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using the Service, including text-messaging and data charges. If you're unsure what those charges may be, you should ask the service provider before using the Service.

12. Third-Party Service

If you use a service, feature, or functionality that is operated by a third party and made available through the Service (including service we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. We are not responsible or liable for those third party's terms or actions taken under the third party's terms.

13. Modifying the Service and Termination

We're relentlessly improving the Service and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Service altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

We may also terminate the Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Service, or impose new or additional limits on your ability to use the Service. For example, we may deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any reason.

Both you and us continue to be bound by Sections 3, 6, 10, 13-21 of the Terms.

14. Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless we, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of the Terms.

15. Disclaimers

We try to keep the Service up and running and free of annoyances. But we make no promises that we will succeed.

The Service are provided "as is" and "as available" and to the extent permitted by applicable law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while we attempt to provide a good user experience, we do not represent or warrant that: (a) the Service will always be secure, error-free, or timely; (b) the Service will always function without delays, disruptions, or imperfections; or (c) that any content on Hita, user-generated content, or information you obtain on or through the Service will be timely or accurate.

We take no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through the Service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for.

16. Limitation of Liability

To the maximum extent permitted by law, we and our managing members, shareholders, employees, affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) the conduct or content of other users or third parties on or through the Service; or (c) unauthorized access, use, or alteration of your content, even if we have been advised of the possibility of such damages. In no event will our aggregate liability for all claims relating to the Service exceed the greater of $100 USD or the amount you paid us, if any, in the last 12 months.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

17. Arbitration, Class Waiver, and Jury Waiver

Please read the following paragraphs carefully because they require you to arbitrate disputes with us, and limit the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to the Terms or the use of the Service that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and us are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. Hong Kong Law governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the Hong Kong International Arbitration Center. If the Hong Kong International Arbitration Center is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with the Terms.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator..The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and us. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration.
Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor we can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your Hita account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement.
Small Claims Court. Notwithstanding the foregoing, either you or Hita may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with us.

18. Choice of Law

Except to the extent they are preempted by the laws of the Hong Kong, other than its conflict-of-laws principles, govern the Terms and any disputes arising out of or relating to the Terms or their subject matter, including tort claims.

19. Severability

If any provision of the Terms is found unenforceable, then that provision will be severed from the Terms and not affect the validity and enforceability of any remaining provisions.

20. Additional Terms for Specific Service

Given the breadth of the Service, we sometimes need to craft additional terms and conditions for specific service. Those additional terms and conditions, which will be available with the relevant service, then become part of your agreement with us if you use those service.

21. Final Terms

The Terms make up the entire agreement between you and us, and supersede any prior agreements.
The Terms do no create or confer any third-party beneficiary rights.
If we do not enforce a provision in the Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under the Terms without our consent.
The Terms were written in English and to the extent the translated version of the Terms conflict with the English version, the English version will control.

22. Child Sexual Abuse Material Policy

We are committed to provide a safe and friendly community for everyone. We do not allow content of any form child sexual abuse. If you come across such content on Hita, report it immediately. Details can be found at our CSAM Policy page.

23. Contact Us

For complaints, reports, questions, comments, or suggestions about the Terms of Service, please contact us at support@hita.chat

Address: 2-16 Fa Yuen St, Mong Kok, Kowloon, Hong Kong