Terms and Conditions of Use of Heyadoo.com Platform
The heyadoo.com platform is under the administration and use of S.C. Heyadoo Global Services S.R.L., headquartered in Romania, Bucharest, Str. Traian Popovici nr. 130, bl. B4, sc. A, et. 5, ap. 25, District 3, registered with the Trade Register under no. J40/1402/2018, Sole Registration Code (CUI) 38788470.
This Statement was drafted in Romanian. In case any contradictions between the Romanian version and any version translated into English or another language occur, the Romanian version will prevail.
Drafting date: 23.06.2019
Statement of rights and obligations
This Statement of rights and obligations (the "Statement" or "Terms") derives from the principles that we, the authors of Heyadoo Platform ("Heyadoo"/the "Platform") have and which we ask from all those who join us, including the conditions of use of our services, which govern our relationship with the users and with other entities that interact with Heyadoo, but also the Heyadoo trademarks, products and services, which we hereinafter call the "Services".
By using or accessing the Heyadoo Services, you express your agreement with this Statement, which will be updated as the situations arising in practice will require it, and/or as the legislative changes bring significant modifications which will have to be implemented until a certain deadline.
If you register with your Facebook or Google account, you will automatically align to their privacy policies.
2. Sharing your content and information
The content and the information you publish on the Heyadoo platform belong to you and you are fully liable for them and for the consequences which may arise. In addition:
1. In case of content falling under intellectual property rights, like photos and videos (IP content), you specifically offer us the following permission: you grant us a worldwide non-exclusive, transferable, sub-licensable license with the right of free reproduction for the use of any content which represents Intellectual Property that you post on Heyadoo or in relation to Heyadoo (IP license). This IP license expires when you delete the IP content or your account unless this content has been shared with other persons and they have not deleted it.
2. When you delete your IP content, this is deleted in a manner similar to emptying the recycle bin on a computer.
3. When you publish content or information in the “Ads Panel” or on the “Posting Wall”, managed from the Heyadoo personal page/when you build the website offered by Heyadoo based on the service packages, you allow all the persons, including those who do not have a Heyadoo account, to access and to use that information, and to associate it with you (for example, your name and profile picture).
4. Any feedback or suggestion which you give us related to the functionality of the Heyadoo platform will be voluntarily made, without any consideration from Heyadoo, with the exception of inappropriate or incorrect content reporting.
These will be used to improve our services and to adapt them to your needs.
We do our best to maintain security on Heyadoo, but we cannot guarantee it. We need your help to maintain security on Heyadoo and this implies the following commitments from you:
1. You will not post unauthorized commercial advertisements (such as spam messages).
2. You will not collect content or information of the users using automated means and you will not access Heyadoo in any other way using automated means (such as bot collection programs, robots, bugs or scraper websites) without our express written consent.
3. You will not carry out illegal activities like pyramid schemes, only what the platform explicitly allows.
4. You will not upload viruses or other malicious code components.
5. You will not request login information and you will not access accounts which belong to other people.
6. You will not bully, intimidate and you will not harass any user.
7. You will not post content which: represents a language that incites hatred, is threatening or pornographic; incites acts of violence or contains nudity or images with explicit or unjustified violent content.
8. You will not develop and you will not use third-party applications that contain materials about alcohol consumption, meetings or other materials for adults (including advertisements) without appropriate age restrictions.
9. You will not use Heyadoo for illegal, misleading, malicious or discriminatory actions.
10. You will not take any action which could disable, overload or impair the proper functioning of Heyadoo or the Heyadoo interface, such as a denial of service attacks or interference in the rendering of pages or of other Heyadoo functionalities.
11. You will not facilitate and you will not encourage the breach of this Statement or of our policies.
4. Registration and account security
Heyadoo users, regardless of the registration method, offer their real names and information. Here are some commitments you make towards us regarding the registration and maintenance of your account security:
1. You will not use Heyadoo if you are under 16 years old.
2. You will not offer your password to anyone and especially access to the email behind the created account, you will not let anyone else access your account and you will not take any other action that could endanger the security of your account.
3. If you select a username or a similar identifier for your account or page, we reserve the right to remove or to claim the page or the account if we consider that this measure is required (for example, in case a trademark owner complains about a username that is not closely related to that person's real name).
5. Protection of other persons’ rights
We respect other persons’ rights and we expect you to do the same. In this regard, you assume the following:
1. You will not post content and you will not take any action on Heyadoo which breaches other persons’ rights or breaches the law in any other way.
2. We can remove any content and any information you post on Heyadoo, in case we consider that they breach this Statement or our policies.
3. We may delete your content for infringing the copyrights of a third party, in which case we do not assume any responsibility.
4. If you repeatedly breach other persons’ intellectual property rights, we will disable your account if necessary.
5. You will not use our copyrights or trademarks or any other similar marks which may be misleading unless it is expressly permitted by written agreement.
7. You will not publish on Heyadoo other persons‘identification documents or other sensitive financial information.
6. Mobile phones and other devices
1. Currently, our mobile connection services are free, but remember that the standard rates and taxes of your mobile telephony operator, such as those for SMS or data traffic, continue to apply.
2. You give your consent and you provide all the rights necessary to allow the users to synchronize (including through an application) their devices with any information which is visible for them on Heyadoo.
7. Marketing activities and commissions:
Heyadoo provides advertising services and global displays on a platform where the users publish their own content (ads, posts, portfolio website) in accordance with this Statement.
When creating and fixing an Ad, users have to set price, text details, photos, video, contact details, categories, attributes, and extra information which are added to earn special placement (if accepting payments in cryptocurrencies, barter or not, if is valid only for a certain time, if there are discounts, promotional offers or if it can represent a gift).
Any Ad which is intended to be added on Heyadoo requires an advertising space reserved in the “Ads Panel” and benefits from a content management system(CMS). Each subscription has a specific initial number of Ad spaces simultaneously and a total number of publications.
When creating and fixing a post, users have to set the type of posting (if it is social or commercial), photo, text details, video clip and more, for each post, can be attached between 1-3 Ads according to the chosen subscription . Each membership subscription has a specific starting number of total Posts available.
When customizing and setting up a portfolio website, users can choose between 1-3 pictures for a slide, a header text, a representative logo, a description text like "About Us", between 1-3 representative videos, a contact area, and Ads are selected, and our favorite Posts are "Our Services" and "Latest News" respectively.
User commissions are calculated in euro(EUR), based on subscriptions chosen by those who register in their community.
By choosing a membership card (free of charge or paid), the user also acquires the capacity of Heyadoo promoter, as he/she earns a commission based on his/her activity on the platform.
By accepting the Terms and Conditions of the platform and choosing the capacity of member (free of charge or paid), the user also accepts the rights and obligations arising from this capacity.
Heyacoins are tokens offered by the Heyadoo system as a reward for engaging in different content addition activities, Heyadoo promotion, social media sharing, completion of each section of the platform as close to the full as possible and much more.
The exact way in which Heyacoins are accrued by any user regardless of subscription is not and will not be disclosed, and the user is in a position to discover it himself through a more constant and more complete activity on the platform.
Following the successful completion of an activity on the platform, Heyacoins will be automatically accumulated and will be available on Monday of the following week.
8. The contract with the user:
The promotion contract between Heyadoo and the user who chooses a membership in the club (free or paid) is valid for the duration of that membership type. If the membership is renewed upon expiry, the contract shall be renewed accordingly as well as the number of Ads and Posts.
The object of the contract is the promotion of Heyadoo services by sharing content existing on the platform (own or not), invitations to the platform and / or share of the special personal link by which the user may increase the community, anywhere and by any legal means he wishes.
By virtue of his/her capacity as a user, even when he/she is a superior member, he/she is not required to carry out promotional activities (by distributing content, links or invitations to register on the platform), but if he/she carries them out and, based on them, he/she attracts new users who choose to pay, he/she receives a commission.
The amount of the commissions is detailed in art. 21 of this statement.
In order to receive the commission, the user must download the Heyadoo partners' electronic wallet and provide there a photo of his/her ID card and a utility bill or a bank statement from the earliest time to go over the procedure "Know your customer". Without this information, the user will not be able to receive the commission earned.
Through the electronic wallet application, this procedure can be done on the spot.
After the user goes over the KYC (Know your Customer) procedure successfully, his/her account becomes a "Verified" account. A "Verified" account has the right to review or comment on posts that only accept comments from verified members.
He can withdraw the commission as soon as he has accumulated 50 euros or can expect to raise a higher amount and then withdraw it by another multiple of 50 euros. The maximum monthly amount withdrawn from the Heyadoo wallet is € 5000.
The Heyadoo community partners’ card or any bank or prepaid card from any part of the world may be attached to this electronic wallet.
Heyadoo undertakes to pay the commissions on the deadlines and in the amount stipulated by this Statement, otherwise being liable for non-fulfillment of its obligations.
The User is obliged, according to the tax laws in force, to submit the statements related to the payment of the income tax obtained from commissions and to pay it, Heyadoo being relieved from this obligation.
9. Payments and receipts
Transactions made on our platform are handled by Netopia SRL with the Mobilpay website. For any information regarding the way of operating and performing the financial operations, please visit: www.mobilpay.ro
10. About advertisements and other types of commercial content delivered or improved by Heyadoo
Our purpose is to display the users’ advertisements depending on the community where they are located and/or the requirements and the search criteria of the other users and other commercial or sponsored content that is valuable for our users and for the promoters. To help us in this regard, you agree with the following:
1. The advertisements posted on the platform may refer to: products, services, jobs, houses, cars, trips, accommodation, entertainment, other occasional sales of new or used items, statement of intentions, orders, ideas, projects, cryptocurrency, initial coin offering (ICO), social media profiles, blogs, magazines, online or physical stores, clubs, associations, platforms, mobile applications, games, technology, vouchers, dating, network marketing and others.
3. We do not offer your content or information to the promoters without your consent.
4. You understand and agree that we may not always identify the perfectly compatible advertisements according the criteria searched by you.
5. Upon publication of an advertisement, our moderators will check its compliance with the Terms and Conditions of the platform. If an advertisement does not meet the conditions imposed, it will be removed from the platform.
11. Special provisions valid in case of software programs
1. If you download or use our software, such as an independent software product, an application or a browser plug-in, you agree that, at certain time intervals, the software may download and install upgrades, updates and additional features from us in order to improve, perfect and develop that software.
2. You will not change, you will not create derivative products, you will not decompile and you will not try in any other way to extract the source code from us, unless you are explicitly allowed to do this through an open source license or unless we give you the explicit permission in writing.
3. If you continue to use the Heyadoo Services after you have received a notice regarding the changes made to our conditions, policies or instructions of use, you implicitly agree to the conditions, policies or instructions changed.
13. The right of withdrawal
By purchasing a membership or a Heyadoo service package, the right of withdrawal of the user is not granted since our services consist of digital content which is not delivered on a tangible medium, this type of service being exempted from the application of the provisions concerning the right of withdrawal of the consumer according to art. 16 (letter m) of the Government Emergency Ordinance 34/2014 on the consumers’ rights in the contracts concluded with professionals, as well as for amending and supplementing certain normative acts.
In this regard, by purchasing a membership on the Heyadoo platform and accepting the Terms and Conditions, the user declares that he understood that he would lose his right of withdrawal.
14. Support terms and warranties
In order to settle the requests/complaints concerning the operation and use of the platform or our services and to ask questions, the users may send an email to the address: firstname.lastname@example.org.
The requests and complaints will be settled within a reasonable deadline, in relation to the user’s requests. If they are manifestly disproportionate, Heyadoo reserves the right not to answer.
If the platform is not operational for a period of time exceeding 24 hours, for technical reasons or for reasons arising from Heyadoo fault, the user’s paid plan will be extended by the period corresponding to the website downtime.
Heyadoo is open to proposals of partnerships and development opportunities.
If you want to contact us in this respect, we are available at the e-mail address: email@example.com.
If you breach the letter or spirit of this Statement or if you create in any other way risks or a possible legal exposure for us, we can partially or totally terminate the provision of the Heyadoo services to you. We will notify you by email or on your next attempt to access the account. You can also delete your account or disable the application at any time. In such cases, this Statement will terminate, but all the outstanding obligations on the account deactivation/cancellation date remain valid until their discharge following the fulfillment of each and all of them.
1. You will settle any claim, grounds for suing or dispute (complaint) which you have in connection with us and which arise from this Statement or in connection with Heyadoo or which refer to them exclusively in the competent courts of Bucharest, Romania and you agree to be subject to the jurisdiction of such courts for the settlement of all this kind of complaints. The Romanian laws will govern this Statement, as well as any complaint that may arise between you and us, regardless of the provisions concerning the differences between legislations.
2. If a person makes a complaint against us related to your actions, content or information on Heyadoo, the Platform is exempt from the payment of any damages, and you are exclusively liable for the payment of indemnities and you will protect us from guilt for all the damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such complaint. Although we offer rules for the users’ conduct, we do not control and direct the users’ actions on the Heyadoo website and we are not responsible for the content or information which the users transmit or share on Heyadoo. We are not responsible for any offensive, inappropriate, obscene, unlawful or disputable content in any other manner that could be met on Heyadoo. We are not responsible for the online or offline conduct of any Heyadoo user.
3. WE TRY TO KEEP THE HEYADOO WEBSITE OPERATIONAL, ERROR FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE OFFER HEYADOO AS IT IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE PROPERTY RIGHTS. WE DO NOT GUARANTEE THAT HEYADOO WILL ALWAYS BE A SAFE, SECURE OR ERROR FREE WEBSITE, OR THAT IT WILL ALWAYS FUNCTION WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. HEYADOO DOES NOT TAKE RESPONSIBILITY FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR WHICH ARE IN ANY WAY RELATED TO THE COMPLAINT THAT YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE ARE NOT LIABLE TOWARDS YOU FOR ANY LOSS OF PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, ARISING OUT OF OR IN RELATION TO THIS STATEMENT OR TO HEYADOO, EVEN IF WE HAVE BEEN INFORMED ABOUT THE EXISTENCE OF SUCH DAMAGES.
18. Special provisions valid for ALL the users
We do our best to create a global community, with unitary standards for everyone and at the same time to comply with the local laws. The following provisions apply to ALL the users: you agree to the transfer and processing of your personal data in Romania, provided by registration or subsequently, as well as those taken over by logging in with your Facebook or Google account.
19. Other aspects
1. If a part of this statement is found to be unenforceable, the remaining part will be enforceable and in full force.
2. If we cannot apply a part of this Statement, this will not be considered to be an exemption.
3. All the amendments to this Statement and all the exemptions from this Statement must be made in writing and signed by us.
4. You will not transfer any right and obligation which you have under this Statement to other parties without our consent.
5. All our rights and obligations under this Statement may be assigned without restrictions in connection with a merger, acquisition or sale of assets or by operation of law or in any other manner.
6. No provision of this Statement will prevent us from complying with the law.
7. This Statement does not grant beneficiary rights to third parties.
8. We reserve all the rights which we have not explicitly granted to you.
9. When you use or access Heyadoo, you will comply with all the laws in force.
By using or accessing the Heyadoo Services, you agree with our collection and use of your content and information in accordance with the provisions of the laws in force.