Welcome to Hilo, brought to you by PartyCome PTE.LTD., a company registered in Singapore ("we," "us" or "our").
1. Your agreement to the Terms of Service
These Terms of Service (referred to as the "Terms") constitute a legally binding agreement between you ("User," "You," "You") and us (including our successors and assigns). Hilo refers to the applications, websites, products, and other Hilo-related services we offer (collectively, the "Services"). These Terms set out the terms and conditions that govern your access to and use of the Services. We strongly advise you to read and understand these Terms carefully.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from accessing or using any of the Services.
The terms of these documents will be posted through our Services or communicated to you by other means and will be considered part of these Terms.
By accessing or using the Services, you acknowledge that you have full legal capacity to enter into a binding agreement with us.
If you are accessing or using the Services on behalf of an organization such as a corporation, partnership, association, government agency, or other entity ("the Organization"), you represent and warrant that: (i) you are properly authorized to do so; (ii) you have the authority to link your Organization to these Terms; and (iii) your Organization is legally and financially responsible for your access to and use of the Services.
These terms may be provided in multiple languages. In case of any conflict, and where permitted by local law, the English version of these terms shall prevail.
You can also access these terms through the following means:
Settings > Platform Policy > Terms of Service
If you have any questions or comments regarding these terms, please contact us via email at: hiloassist@gmail.com
We would be happy to answer your questions.
Notice of Arbitration: These Terms include an Arbitration Clause and a Waiver of Class Action Rights. Except for certain types of disputes mentioned in the Arbitration Clause, you agree that any disputes between us will be resolved through mandatory and binding arbitration, and you waive any right to participate in a class action or class arbitration.
2. Legal capacity and protection of minors
Our services are not intended for children under the age of 13 (or the age required by local law, e.g., 14 in South Korea). By accessing and using the services, you confirm that you are not considered a child in your jurisdiction. If you are not a child but are under 18 or the age of majority (e.g., 19 in South Korea) in your jurisdiction (and are referred to as a "minor"), you may only use the services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these terms with you. If you are a parent or legal guardian and allow a minor to use the services, you agree to be bound by these terms. You are responsible for supervising and monitoring the minor's use of the services. If a minor uses the services without your permission, please contact us immediately at hiloassist@gmail.com so that we can disable their access or delete their account at your request.
3. Amendments to these terms
To improve your user experience or enhance product security, we may make changes to the services from time to time. We reserve the right to modify these terms as necessary to comply with applicable laws and regulations. We will make every effort to notify you of any material changes to these terms. It is your responsibility to review these terms regularly for such changes.
By continuing to access or use the Services after the revised Terms become effective, you agree to be bound by them. If you do not agree to the revised Terms, you must cease accessing or using the Services.
4. Calculation
(1) Creating an account
To access and use the Services, you may be required to create an account ("Account") with us or log in using a third-party account (such as your Facebook account). When creating an Account, you must provide us with true, accurate, and current information. Your Account is for your personal use of the Services only, and you are prohibited from sharing or transferring your Account to anyone else or allowing others to access or use your Account. You acknowledge that you are fully responsible (to us and to others) for any activity that occurs under your Account, including any content you post and the consequences that may arise from such activity. To the fullest extent permitted by law, any actions taken under your Account will be considered your own personal actions.
You may not create an account in a malicious manner. Creating an account in a malicious manner includes, but is not limited to, creating an account through any program or service other than those offered or licensed by us, creating an account through any program or service in a non-manual manner, or creating more than a reasonable number of accounts repeatedly and regularly.
(2) Account security
It is essential that you keep your account password confidential and refrain from disclosing it to anyone. If you know or suspect that a third party knows your password or has accessed your account, you must notify us immediately by email at hiloassist@gmail.com. We will assist you with the security of your account; however, we cannot guarantee successful account recovery. In such cases, we reserve the right to suspend or terminate your account or take any other appropriate measures we deem necessary to assist you.
(3) Account Closure
Account Closure by Us: We reserve the right to disable your account at any time and for any reason, including if you fail to comply with any of the provisions of these Terms, or if activities occur on your account that, in our sole discretion, may cause harm to or affect the Services, violate the rights of a third party, contravene any applicable laws or regulations, or if we are acting pursuant to an order from any governmental authority. If we suspect that you are using multiple accounts for non-peaceful purposes, we reserve the right to take appropriate action regarding all related accounts. If you believe this action was taken in error, you can request a review, and we will reassess the situation and provide you with detailed information in a timely manner. In addition, we may freeze or close your inactive account if you do not use it for 180 consecutive days.
Closing Your Account: If you wish to close your account, you can do so by submitting a closure request through Settings > Account in Hilo. Please note that your account cannot be closed unless you follow our instructions (such as properly handling virtual items and virtual social links within your account). We kindly remind you that choosing to close your account will result in the loss of access to and use of the Services, and this closure is irreversible. Once your account is closed, we will delete or anonymize your identity and related information. Please note that unless otherwise required by law, when you terminate your account for any reason, any diamond and other virtual resources in the account will be automatically reclaimed. You agree that we will not refund any unused diamond, virtual resources, or subscription time resulting from the suspension or permanent closure of your account, and we accept no liability in such cases.
5. Your use of the services
Please note that not all services or features may be available in your jurisdiction. Different versions of the services may offer different features. Some features may not be available to users under a certain age.
To use the services, you are responsible for your personal device and any associated charges (such as internet connection and data charges). If you are unsure about these charges, please consult your service provider.
We may update or modify the services periodically, and you may be required to update them manually. Please note that if you choose to disable automatic updates or refuse to perform these updates, the services may not function correctly or may not be fully available to you.
We reserve the right to suspend or terminate the services, either in whole or in part, permanently or temporarily, with or without notice to you.
The services are owned and operated by us, and we reserve all rights to the services not expressly granted to you under these terms.
6. Hilo content
All audio files, videos, images, games, text, graphics, software, music, logos, trademarks, designs, virtual elements (referred to as "Hilo Content"), and any other content, information, or materials on our services, as well as the selection and arrangement of such content, and all associated intellectual property rights, are either owned by us or licensed to us.
Subject to the terms and conditions of these Terms, we grant you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, and limited license to access Hilo content solely for your personal and non-commercial purposes. Unless expressly authorized, you are prohibited from downloading, copying, reproducing, distributing, transmitting, displaying, streaming, licensing, selling, offering for sale, or otherwise exploiting Hilo content for any other purpose. We retain all rights to Hilo content unless expressly licensed under these Terms.
You are not permitted to use Hilo content, third-party content or services (referred to as "Third-Party Services"), or any other materials available as part of the Services for any purpose not expressly authorized by these Terms. Any such use will be deemed a violation of these Terms.
You acknowledge and agree that you will have no ownership or title rights in any virtual account or items created in connection with the Services. You further acknowledge and agree that all rights and title to any such account will be owned in perpetuity solely and for our benefit.
7. User content
The services may provide audio or other interactive features that allow you to upload, post, send, or make available images, comments, information, or other content ("User Content") across the services.
You remain the owner of your User Content. By uploading, posting, transmitting, or otherwise making your User Content available through the Services, you grant us and our partners an irrevocable, unconditional, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable, worldwide, and perpetual license to:
Copying, reproducing, publishing, transmitting, distributing, displaying, using, adapting, creating derivative works from your user content and exploiting it in any means and in any media that currently exist or are subsequently developed;
Using your identity, name, likeness, and other vital information that you have uploaded, posted, transmitted, or made available in connection with your user content;
The above may be used for promotional purposes as we deem appropriate;
Retain your user content for necessary archiving purposes.
You must ensure at all times that:
You are the owner of your user content or you have obtained the necessary rights, permissions or licenses for that content;
You have all the rights, permissions and licenses necessary to grant us the rights set out in these terms;
Your user content (and its use in accordance with these terms) does not infringe upon or violate any rights, including intellectual property or data rights of any person, or violate any applicable laws.
You acknowledge that user content will be publicly available and not confidential. You should not post or make any confidential information available through the services.
We reserve the right, without obligation, and at our sole discretion, to refuse to publish, edit, block, prevent, remove, or delete any user content for any reason (for example, if the user content is deemed inappropriate according to applicable laws, our Community Guidelines, or in response to third-party complaints), with or without notice and without any liability to you.
You are solely responsible for your user content, and we recommend that you back it up at all times. We do not guarantee the accuracy, integrity, suitability, or quality of any user content, and we will not be liable in any way for any user content.
We cannot guarantee that your User Content will not be copied, reproduced, distributed, or otherwise used without your permission. You agree that, to the maximum extent permitted by applicable law, we will not be liable to you for any unauthorized use of your User Content, and you waive and agree not to bring any action against us arising out of or relating to such unauthorized use. Please note that even if you attempt to delete User Content from the Services, it may take some time or may not be technically possible. For example, we may not be able to prevent any third party from storing or using any of your User Content that you have made publicly available through the Services.
We may process your user content in accordance with our Privacy Policy. If you have any questions, please contact us via email at hiloassist@gmail.com
You acknowledge that we have the right to disclose your identity to a third party who claims that any user-generated content you have posted or uploaded to our services infringes their intellectual property, privacy, or other proprietary rights, or if we are required to disclose your identity under applicable laws.
8. Code of conduct for using the services
By accessing and using the Services, you must comply with these Terms, our Privacy Policy, Community Guidelines, other applicable rules, and all relevant laws and regulations. You agree that you will not:
Renting, leasing, lending, trading, selling/reselling, exploiting, or accessing the Hilo application, services, or related data without our consent;
Uploading, transmitting, distributing, storing, or making available any content or materials that are harmful, inappropriate, or violate our Community Guidelines, applicable rules, or relevant laws and regulations;
Posting anything that contains software viruses or any other malicious code;
Using any automated system, software, robot, spider, crawler, scraper, data collection software, or any other automated device or software, whether operated by a third party or otherwise, to extract, monitor, copy, or collect any data or information from the Services, or engaging in any manual process to achieve the same purpose;
Violating the intellectual property rights of Hilo or others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
Modifying, altering, re-engineering, reproducing, disassembling, decompiling, transferring, copying, exchanging, or translating the Services or any elements thereof or related to them without our prior written permission;
Using the services to generate profits or for any commercial or unauthorized purposes, such as sending advertising content or messages without our prior written permission;
Exporting or re-exporting Hilo, the services, or any information or materials provided by us is prohibited unless permitted by applicable law and with our written consent;
Exploiting, distributing, or publicly disclosing any errors, defects, or flaws in Hilo, whether or not they provide an intended feature;
Engaging in any activity that harms Hilo's interests or violates our Community Guidelines, applicable rules, or relevant laws.
Please note that this list is not exhaustive, and additional rules are outlined in our Community Guidelines, which are part of these Terms. By using Hilo, you agree to read and abide by these guidelines.
If you fail to comply with these terms, our community guidelines, applicable rules, or relevant laws and regulations, we may take the following actions, with or without prior notice to you:
Disabling, suspending, terminating your account, or blocking or preventing your access to the services;
Remove or disable any of your user content;
Imposing restrictions on your account's functions;
Discount or cancel virtual resources;
Take any other enforcement actions as outlined in our Community Guidelines.
We reserve the right to take such actions without any liability to you if we determine that you have failed to comply with any of the provisions of these Terms or applicable laws and regulations, or if activities have occurred under your account that may cause harm to or affect the Services or violate the rights of any third party, at our sole discretion.
9. Protection of intellectual property
We value intellectual property rights and comply with applicable laws regarding their protection. We retain intellectual property rights to Hilo content and services, and all related information and content (including, but not limited to, user interface design, images, fonts, audio files, etc.), and all rights not expressly granted to you. These rights are protected by applicable intellectual property laws, anti-competitive laws, and other relevant international laws, regulations, and treaties. For matters not expressly permitted in these terms, such as commercial sales, reproduction, or granting third-party access to and use of Hilo content and services, you must obtain separate written permission from us.
By using the Services, you agree not to infringe on the intellectual property rights of any person. Failure to comply may result in the suspension or termination of your account with us or the denial of your access to our Services. If you discover any content on the Services that infringes on your intellectual property rights, please report this infringement to us via email at hiloassist@gmail.com.
10. Third-party services
To facilitate your use of the Services, we may include third-party software or services, and the consequences of your use of them are provided by the third party. This includes, but is not limited to, third-party services, software, and content that you access through the Services or via other platforms connected to Hilo ("Third-Party Services").
If you access or use any third-party services through the Services, you acknowledge and agree to the following:
Third-party services (including payment services related to their use) are provided by the third party, and not by us;
You are solely responsible for accessing or using those third-party services;
You assume full responsibility for your reliance on third-party services or any other activities arising from or related to your access to or reliance on such services;
We have no control over third-party services, and we do not offer any warranties, endorsements, or approval of any third-party services in any way;
We are not responsible for the security, accuracy, and validity of third-party services;
We accept no liability to you for any damages or losses caused by or related to your access to or use of third-party services;
Any disputes arising out of or relating to your access to or use of those third-party services shall be between you and the relevant third party only.
Your access to or use of third-party services is governed by agreements directly between you and that third party. Some third parties may require you to agree to additional terms and conditions to access or use their services. These additional agreements and conditions are solely between you and the relevant third party. We are not a party to your relationship with that third party, nor do we act as an agent for you or the third party.
You acknowledge that we may, at our sole discretion, disable, suspend, or remove third-party services from the Services, in whole or in part, at any time without any liability to you.
11. Fees, advertising content, and taxes
You understand and agree that while the Hilo app is currently free to download, you may be required to pay specific fees based on your chosen payment plan or in-app purchases in order to access and use certain virtual resources, VIP memberships, events, or other features or functionalities of the services. All payments are non-refundable unless otherwise stipulated by applicable law and regulations.
The price will be displayed to you at the time of purchase, and prices may change periodically. Additionally, the price of the same item may differ at the same time (for example, some products may have different prices for individual and group purchases). While we strive to provide accurate pricing information, there may be instances where prices are displayed incorrectly. In the event of a pricing error, we reserve the right to cancel your order, unless otherwise required by applicable law.
We may display or make available advertising, promotional, or commercial content ("Advertising Content") on our services. You understand that Advertising Content is provided by third parties and is for informational purposes only. You agree that Advertising Content may be displayed or made available on the services alongside your own user content. Your use of the services may consume your device's resources, bandwidth, and data traffic. You are responsible for any charges associated with these resources, such as internet access charges, SMS charges, and additional software service charges.
Any payments you make to us are facilitated through a third-party payment service provider(s). The payment service provider, not us, will provide you with payment services. Additional terms and conditions may apply when using these services. If any jurisdiction levies taxes on your payments for using the services, you are responsible for paying those taxes, including any applicable penalties or interest. We reserve the right to levy any applicable taxes if required to do so by applicable laws. In addition, we may require you to provide tax certificates and will report to the tax authorities amounts paid or withheld from payments you make to us.
12. Virtual Resources
We may offer you virtual diamond ("diamond") or other virtual resources (collectively, "Virtual Resources") on a promotional basis that can be used to enhance your in-app experience. These Virtual Resources have no monetary value and do not constitute currency or property of any kind. When you purchase Virtual Resources, you are granted a limited, personal, non-transferable, and non-sublicensable license to use them exclusively within our Services and through the Hilo account used for the purchase. You do not own any title, intellectual property rights, or monetary rights to the Virtual Resources. Your license to use Virtual Resources may not be sold or transferred to any third party, including other users, except for features permitted by us, such as sending gifts to support other users. Furthermore, these Resources may not be used outside of the Services or exchanged for cash, goods, or services. The purchase, sale, exchange, or trading of Virtual Resources is strictly prohibited, and any attempt or transfer of these Resources will be null and void. Virtual Resources must be purchased from our authorized channels, such as Google Play, the Apple App Store, or our website.
Unauthorized transactions involving virtual resources with others, fraudulent use of others' credit cards, and misuse of refund requests are strictly prohibited. In response to such violations, we reserve the right to take action including, but not limited to, the following:
Retrieve all virtual resources in the account suspected of committing the above-mentioned violations;
Freeze all remaining virtual resources in the account suspected of misusing refunds until the refund is cancelled or the refund amount is paid in full;
Temporary or permanent account ban;
We are not responsible for any losses or damages resulting from the above violations.
Please note that in some cases where violators transfer virtual resources they obtained illegally or unauthorizedly to other users, such as in-app gifts, our recovery procedures may also include the recipients. To effectively address the violation and ensure a fair environment for all users, we may, for example, recover the relevant virtual resources from these recipients.
We reserve the right to block accounts or freeze virtual resources if requested by competent authorities (including law enforcement, judicial authorities, or other government agencies) or our payment partners in connection with fraud investigations. The duration of these restrictions will depend on the progress and outcome of the investigations.
13. Your privacy
We value and deeply respect your privacy. Please refer to our Privacy Policy, which explains how we collect, use, and process your personal information, as well as your rights and choices regarding your privacy.
14. Compensation
You agree to indemnify and hold harmless us, our licensors, agents, and all of our senior management, directors, and employees from any and all claims, actions, liabilities, losses, damages, judgments, costs, and expenses, including attorneys' fees (collectively, the "Claims") arising out of:
i. Your use of the available services or products in a manner that does not comply with the terms and conditions set forth in these Terms.
ii. Any breach of these terms by you or by anyone you permit to use the services.
iii. Any violation of laws, regulations or rights (including intellectual property rights) of any third party by you or by anyone you permit to use the services.
15. Disclaimer
Disclaimer Regarding Warranties: Hilo and the services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express, implied, or statutory. This includes, but is not limited to, any implied warranties, duties, or conditions relating to merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, professional effort, freedom from viruses, or non-negligence with respect to the software and services.
The Hilo app does not contain any malicious code designed to destroy your device's data or steal your personal information. We will also make every effort to ensure the safe, fast, efficient, accurate, reliable, and uninterrupted operation of the Hilo app and services. However, due to technological limitations, Hilo and related services may be affected by various instability factors. We make no warranties or representations that Hilo is compatible with all devices, is error-free, can operate without interruption, or that any errors in the app or related services can be corrected. In the event of issues such as incompatibility or software malfunctions, please contact us for technical support. If a compatibility issue cannot be resolved, you may uninstall the app. To the maximum extent permitted by applicable law, we are not liable for any losses incurred as a result.
16. Limits of Liability
To the extent not prohibited by applicable law, neither we, nor our affiliates, senior management, directors, employees, or agents shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, business interruption, or any other intangible damages or losses, arising out of the following causes, regardless of the theory of liability (contract, tort, or otherwise), even if we have been advised of the possibility of such damages: (1) your use of, or inability to use, the Services; (2) unauthorized access to or alteration of your data; (3) the deletion, damage, or inability to use your data or communications on or through the Services; (4) statements or conduct of any third party on the Services; and (5) any other matter relating to the Services.
17. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Singapore, without affecting any conflict of laws rules or principles.
18. Conflict Resolution
(1) Your dispute with us
You agree to contact us first in the event of any claim, dispute, or disagreement ("Dispute") arising out of or relating to these Terms, including any questions concerning the existence, validity, or termination of these Terms. The parties agree to attempt to resolve such Dispute in good faith.
If the dispute cannot be resolved, the parties agree to refer it to final arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC's arbitration rules in force at that time. The arbitration must take place in Singapore, and all arbitration proceedings, pleadings, and written evidence must be in English. The award issued by the arbitrators may be registered in any court of competent jurisdiction. You may only pursue claims against us on an individual basis, not as a plaintiff, a member of a class action, or in any representative or class-action legal proceeding.
(2) Your dispute with the third party
To the fullest extent permitted by law, any dispute between you and third parties (such as service providers or copyright holders) relating to your use of the Services shall be resolved directly between you and that third party. We shall not be liable for any claims, demands, or damages (actual or consequential) of any kind or nature arising out of or relating to your dispute with third parties in any way. You hereby do not indemnify us in any way, defend us, or hold us harmless from any and all claims and liabilities arising out of or relating to your disputes with third parties of any kind.
19. General Provisions
Headings: The headings in these terms are for reference purposes only, have no actual meaning in themselves, and should not be used as a basis for interpreting the meanings of the terms.
Severability : If any provision of these Terms is held by any court or administrative authority to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect and shall be construed in accordance with their respective terms.
Languages : If these terms are written in English, we may provide them in other languages in the future for your reference. In case of any discrepancy, the English version shall prevail.
No Waiver: Our failure to enforce any provision of these Terms at any time, or our failure to require you to enforce any provision of these Terms, shall not be construed as a present or future waiver of such provision, nor shall it affect our right to enforce such provision subsequently. Our lack of express objection to any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Entire Agreement: These Terms, together with any other terms or policies referenced herein, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements and communications between you and us regarding your use of the Services.
YouTube API: Hilo uses the YouTube Data API and the YouTube IFrame Player API. If you use YouTube API services, you are bound by the YouTube Terms of Service and Google's Privacy Policy. To learn more about how your personal data is used and processed, please visit the YouTube Terms of Service and Google's Privacy Policy.
20. Contact us
If you have any questions or would like to know more about the services, please contact us via email: hiloassist@gmail.com.