AGREEMENT TO OUR LEGAL TERMS
Last updated October 5th, 2025
We are Harmoné Ltd. ("Company," "we," "us," "our"), a company registered in the
Cayman Islands at:
Harmoné Ltd.
Sertus Chambers,
Governors Square,
Suite #5-204,
23 Lime Tree Bay Avenue, P.O. Box 2547,
Grand Cayman, KY1-1104,
Cayman Islands.
We operate the mobile application egocapture (the "App"), as well as any other related
products and services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by phone at (US) (650) 229 2257, or by email at
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Harmoné Ltd., concerning your access
to and use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services
from time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal Terms from
time to time. We will alert you about any changes by updating the "Last updated" date of
these Legal Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by your continued use of
the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICESThe information provided when using the Services is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the Cayman
Islands and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable
license to:
• access the Services; and
• download or print a copy of any portion of the Content to which you have
properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express prior
written permission.If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to:
harmonein2023@gmail.com. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must identify us as the owners
or licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Legal Terms;
(2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise;
(4) you will not use the Services for any illegal or unauthorized purpose; and
(5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4. PURCHASES AND PAYMENT
We accept the following forms of payment:
• Visa
• Mastercard
• American Express
• Discover
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Services. You further agree to promptly update account and
payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in the currency charged by Apple or
Google in your local region.You agree to pay all charges at the prices then in effect for your purchases and any
applicable processing fees, and you authorize us to charge your chosen payment provider
for any such amounts upon placing your order. If your order is subject to recurring
charges, then you consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until such time as you
cancel the applicable order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.
5. CANCELLATION
All purchases made through the Services are non-refundable.
To cancel a subscription on Apple devices, visit your iCloud subscription settings and opt
out of subscription renewal.
To cancel on Google devices, visit your Google account subscription settings and do the
same.
Please cancel at least 24 hours prior to your renewal date to allow adequate time for
Apple or Google to process your request. Your cancellation will take effect at the end of
the current paid term.
If you are unsatisfied with our Services for any reason, please contact us at
harmonein2023@gmail.com or call us at (US) (650) 229 2257.
6. SOFTWARE
We may include software for use in connection with our Services. If such software is
accompanied by an end user license agreement ("EULA"), the terms of the EULA will
govern your use of the software. If such software is not accompanied by a EULA, then
we grant to you a non-exclusive, revocable, personal, and non-transferable license to use
such software solely in connection with our Services and in accordance with these Legal
Terms.
Any software and related documentation is provided "AS IS" without warranty of any
kind, either express or implied, including, without limitation, implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You accept all risks
arising out of the use or performance of any software. You may not reproduce or
redistribute any software except in accordance with the EULA or these Legal Terms.7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than those for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
Harmoné Ltd.
As a user of the Services, you agree not to:
• Systematically retrieve data or content to create collections, compilations, or
databases without written permission from us.
• Trick, defraud, or mislead us or other users, especially in attempts to access
sensitive account information such as passwords.
• Circumvent, disable, or interfere with security features or usage restrictions on the
Services.
• Disparage, tarnish, or otherwise harm us or the Services.
• Use any information obtained through the Services to harass, abuse, or harm
another person.
• Misuse support services or submit false abuse reports.
• Use the Services in violation of applicable laws or regulations.
• Frame or link to the Services without authorization.
• Upload or transmit viruses or other harmful material or spam content.
• Use automation (e.g., bots, scripts) to interact with the system.
• Delete any copyright or proprietary notices.
• Impersonate another person or use someone else’s account.
• Upload spyware or passive collection mechanisms.
• Interfere with the normal operation of the Services or burden our infrastructure.
• Harass or threaten any employee or agent providing the Services.
• Attempt to bypass access controls.
• Copy or adapt our code (HTML, JavaScript, etc.).• Decompile, reverse-engineer, or otherwise tamper with software unless permitted
by law.
• Use spiders, scrapers, or offline readers to harvest data.
• Use the Services to create competing products.
• Collect emails or usernames for unsolicited communications.
• Create fake or automated accounts.
• Use the Services in any manner to compete with Harmoné Ltd. or for any
revenue-generating endeavor not approved by us.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to engage in chats, contribute to or participate in blogs,
message boards, online forums, or other interactive areas, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to Harmoné Ltd. or via the Services. This includes, but is
not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions,
personal information, or other material (collectively, "Contributions").
Contributions may be visible to other users of the Services and through third-party
platforms. As such, any Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any Contributions, you hereby
represent and warrant that:
• The creation, distribution, transmission, public display, or performance of your
Contributions will not infringe upon the proprietary rights of any third party,
including but not limited to copyright, trademark, patent, or moral rights.
• You are the sole creator and owner, or have the necessary licenses, rights,
consents, and permissions to authorize Harmoné Ltd. and other users to use your
Contributions as described in these Legal Terms.
• You have obtained consent and/or permission from every identifiable individual
person appearing in your Contributions to use their name or likeness.
• Your Contributions are not false, misleading, defamatory, obscene, harassing,
abusive, or otherwise objectionable as reasonably determined by Harmoné Ltd.
• Your Contributions do not include unsolicited or unauthorized advertising, spam,
or promotional material.
• Your Contributions do not violate the rights of any third party, including but not
limited to privacy, publicity, or intellectual property rights.• Your Contributions do not promote or incite illegal activity, hate speech, or
discrimination of any kind.
• Your Contributions comply with all applicable laws and regulations.
Any violation of the above may result in termination or suspension of your right to access
or use the Services.
By submitting Contributions, you understand and agree that:
• You grant Harmoné Ltd. an unrestricted, unlimited, irrevocable, perpetual, non-
exclusive, transferable, royalty-free, fully-paid, worldwide license to use,
reproduce, distribute, display, modify, prepare derivative works from, and
otherwise exploit your Contributions in any form and media, including the use of
your name, voice, and likeness.
• Harmoné Ltd. does not assert ownership over your Contributions, and you retain
full ownership of your Contributions and any intellectual property rights or
proprietary rights associated with them.
• Harmoné Ltd. is not liable for any statements or materials provided by you in
your Contributions and disclaims any responsibility or obligation related to your
use of the Services.
Harmoné Ltd. reserves the right, in its sole discretion, to:
1. Edit, redact, or otherwise alter any Contributions;
2. Reclassify Contributions to more appropriate locations within the Services; and
3. Pre-screen or remove any Contributions at any time and for any reason, without
notice.
Harmoné Ltd. is not obligated to monitor your Contributions but reserves the right to do
so for safety and compliance purposes.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant—and
you represent and warrant that you have the right to grant—to Harmoné Ltd. an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your name, image, and voice) for any purpose, including
but not limited to commercial, advertising, and promotional purposes. This license also
includes the right to prepare derivative works from your Contributions or to incorporate
them into other works, and to grant sublicenses for any of the aforementioned uses.This license applies to all media formats and channels now known or developed in the
future.
You also agree that Harmoné Ltd. may use your name, company name, and franchise
name (if applicable), and any of your trademarks, service marks, trade names, logos, and
personal or commercial likenesses that you provide as part of your Contributions, as
permitted under this license.
You waive all moral rights in your Contributions, and you warrant that moral rights have
not been otherwise asserted in connection with them.
You retain full ownership of all of your Contributions and any intellectual property or
proprietary rights associated with them. Harmoné Ltd. does not claim ownership of your
Contributions.
You are solely responsible for your Contributions and agree to release and hold Harmoné
Ltd. harmless from any and all liability or claims arising from or related to your
Contributions. This includes any statements or representations made by you in any
public-facing area of the Services.
Harmoné Ltd. reserves the right, in its sole discretion, to:
1. Edit, redact, or otherwise modify any Contributions;
2. Re-categorize Contributions into more suitable sections on the Services;
3. Pre-screen or delete any Contributions at any time and for any reason, without
notice.
Harmoné Ltd. is not obligated to monitor your Contributions.
10. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the Startline - couch to 5k AI mobile application (the
“App”), then Harmoné Ltd. grants you a revocable, non-exclusive, non-transferable,
limited license to install and use the App on your personal wireless electronic devices,
and to access and use the App strictly in accordance with these Legal Terms.
You shall not:
1. Except as permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App;
2. Make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App;3. 4. 5. 6. 7. 8. 9. Violate any applicable laws, rules, or regulations in connection with your access
or use of the App;
Remove, alter, or obscure any proprietary notice (including any copyright or
trademark notice) posted by Harmoné Ltd. or the licensors of the App;
Use the App for any revenue-generating activity, commercial enterprise, or any
other purpose for which it was not designed;
Make the App available over a network or other environment permitting access or
use by multiple devices or users at the same time;
Use the App to develop or create a competing product, service, or software,
whether directly or indirectly;
Use the App to send any automated queries, or unsolicited commercial messages;
Use Harmoné Ltd.’s intellectual property, APIs, or interfaces in the development
of third-party applications or services without written permission.
Apple and Android Devices
The following terms apply when you access the App through an app store or distribution
platform (e.g., Apple App Store or Google Play) provided by a third party (each an “App
Distributor”):
1. 2. 3. 4. 5. The license granted to you for our App is limited to a non-transferable license to
use the App on a device that uses the Apple iOS or Android operating system, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service;
Harmoné Ltd., not the App Distributor, is solely responsible for providing any
maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, you
may notify the App Distributor and, in accordance with their terms and policies,
the App Distributor may refund the purchase price (if any) paid for the App. To
the maximum extent permitted by applicable law, the App Distributor has no other
warranty obligation whatsoever with respect to the App;
You represent and warrant that (i) you are not located in a country that is subject
to a U.S. government embargo or has been designated by the U.S. government as
a “terrorist supporting” country, and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties;
You must comply with all applicable third-party terms of agreement when using
the App;6. You acknowledge and agree that each App Distributor is a third-party beneficiary
of this section of these Legal Terms and has the right to enforce them against you
as a third-party beneficiary thereof.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites
("Third-Party Websites") as well as content such as articles, photographs, text, graphics,
designs, music, sound, videos, software, and other items originating from third parties
("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
reviewed for accuracy, appropriateness, or completeness by Harmoné Ltd., and we are
not responsible for any Third-Party Websites accessed through the Services or any Third-
Party Content available through or installed from the Services. This includes the content,
accuracy, offensive nature, opinions, reliability, or privacy practices and policies
contained within such Third-Party Websites or Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites
or Third-Party Content does not imply approval or endorsement by Harmoné Ltd. If you
choose to leave the Services and access any Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk. These Legal Terms will no longer
govern once you navigate away from the Services.
You should review the applicable terms and privacy policies of any Third-Party Website
or service you access from the Services. Any purchases you make through such Third-
Party Websites are entirely between you and the respective third party, and Harmoné Ltd.
assumes no responsibility whatsoever in relation to such transactions.
You agree and acknowledge that Harmoné Ltd. does not endorse any products or services
offered on Third-Party Websites and will not be liable for any harm or loss caused by
your interaction with such third parties, including any damage or loss arising from
reliance on any Third-Party Content or conduct.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain
areas of the Services, such as sidebar banners or interstitial placements. Harmoné Ltd.
merely provides the space for such advertisements and does not otherwise have any
formal relationship with the advertisers unless explicitly stated. We do not review or
endorse any third-party advertisements, and we assume no responsibility for any content
or claims made within advertisements displayed on the Services.
13. SERVICES MANAGEMENT
Harmoné Ltd. reserves the right, though not the obligation, to:1. Monitor the Services for violations of these Legal Terms;
2. Take appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including reporting such individuals to law
enforcement authorities;
3. In our sole discretion and without limitation, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof;
4. Remove from the Services or otherwise disable all files and content that are
excessive in size or otherwise burdensome to our systems, with or without notice;
5. Otherwise manage the Services in a manner designed to protect our rights and
property, and to ensure the optimal functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy for more
information.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised that the Services are hosted in the
United States. If you access the Services from any other region of the world with laws or
regulations governing personal data collection, use, or disclosure that differ from United
States laws, then through your continued use of the Services, you are transferring your
data to the United States, and you expressly consent to have your data transferred to and
processed in the United States.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that Harmoné Ltd. has no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or
use the Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate Harmoné Ltd. to maintain and support the
Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Delaware, applicable to agreements made and to
be entirely performed within the State of Delaware, without regard to its conflict of law
principles.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either
you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved
by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate, theAAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by those rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless requested by either
Party. The arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Delaware. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Delaware, and the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such courts. Application
of the United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services
be commenced more than one (1) year after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed
above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on
a class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of
a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and suchDispute shall be decided by a court of competent jurisdiction within the courts listed
above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various other
information. Harmoné Ltd. reserves the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without
prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HARMONÉ LTD.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HARMONÉ LTD. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES, AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OFTHE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES.
HARMONÉ LTD. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING. HARMONÉ LTD. WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL HARMONÉ LTD., NOR OUR DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO HARMONÉ LTD. DURING
THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR
$20.00 USD.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold Harmoné Ltd., including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, harmless
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these Legal Terms;
(5) your violation of the rights of a third party, including but not limited to intellectualproperty rights; or
(6) any overt harmful act toward any other user of the Services with whom you connected
via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services.
You agree that Harmoné Ltd. shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at:1625 North Market Blvd., Suite N 112, Sacramento, California 95834,
or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part shall be deemed severable from these Legal
Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created
between you and us as a result of these Legal Terms or your use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signatures by the parties to execute
these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Harmoné Ltd.
Sertus Chambers,
Governors Square,
Suite #5-204,
23 Lime Tree Bay Avenue,
P.O. Box 2547,
Grand Cayman, KY1-1104,
Cayman Islands
Phone: (US) (650) 229 2257
Email: harmonein2023@gmail.com
