General

This document establishes the Terms of Service (the "Terms") between Hoame Digital Inc. (referred to herein as "Hoame," "Us," or "We") and the user (referred to herein as "You" or the "User") for the provision of content, products, or services via Hoame's website (the "Website"), downloadable mobile applications (the "Apps"), or partner websites, storefronts, or other delivery methods (the Website, the Apps, and all related content, products, and services are collectively referred to herein as the “Program”).

These Terms of Service outline the terms upon which you may access and use the Hoame App (the “App”) and your right to cancel the use of the App.  The App includes the software itself as well as all of its components and content.  This Agreement applies to the App and all future updates of the App unless otherwise communicated to you. Please read this Agreement carefully before using the App as it represents a legally binding agreement between you and Hoame.  If you wish to access and use the App and the Services, you must accept and agree to be bound by and comply with these Terms of Service.  If you do not agree to the terms in this Agreement, then you are not permitted to use the App. You agree that this Agreement, and any related information, communications and agreements between you and Hoame, may be made available or occur electronically.  This Agreement was last updated on the date indicated below.  

Moreover, your agreement with the practices outlined in our Privacy Policy provided here is a requirement for accessing the Program, and you are deemed to have consented to such Privacy Policy upon your first use of the Program.

Programming & Service 

The Hoame app offers a comprehensive paid version referred to as the "Paid Service (One-Time Fee)." ‍ 

A) Paid Service (One-Time Fee): Purchasing the Paid Service grants you full access to the Program's content and features. By becoming a Paid User, you confirm that: (a) You are legally capable of entering into binding contracts; (b) All registration information you provide is accurate and truthful; (c) You will ensure the accuracy of this information; and (d) Your use of the Program complies with all relevant laws and regulations.

To use the Paid Service, you must register using your Pico account. The Paid Service cannot be transferred. You must be 18 years or older to create an account. By creating an account, you certify that you meet the age requirement. The Program is designed for adult use only. Content suitable for children should be utilized exclusively under the supervision of a parent, guardian, or authorized school official.

You can become a Paid Service user by subscribing to the Paid Service from certain versions of the Apps, or from certain third-party partner storefronts.

You are responsible for all fees, charges, and applicable taxes associated with your purchase. Any banking charges due to payments on your account are your responsibility. We do not offer refunds.

Hoame reserves the right to modify fees, add new charges, or make changes to the payment model at our discretion. If you disagree with the changes, you can cancel and terminate your membership, or subscription or other payment plan, through your account settings. Please submit any questions in writing by emailing us at info@hoame.ca.

Account Information & Security

When you register for the Hoame app, it is essential to provide accurate and up-to-date information about yourself. Please make sure to promptly update your information as needed to ensure it remains accurate and complete. Your account's security is of utmost importance. Any passwords associated with your Hoame account should be used solely by you and kept confidential. You are responsible for safeguarding your password and account.

Using any services or features provided by Hoame in a manner that compromises security or interferes with system resources and accounts is strictly prohibited. This includes the use or distribution of tools designed for security breaches, such as password-cracking programs, network probing tools, or any other illicit tools. If you are found to be in violation of system security, Hoame reserves the right to share your information with system administrators at other sites to aid in resolving security issues.

Hoame is committed to investigating any suspected violations of these Terms. We are also prepared to cooperate fully with law enforcement authorities or court orders that request or instruct us to reveal the identity of individuals who post email messages or make materials available that are believed to violate these Terms. By accepting this agreement, you agree to waive any claims against Hoame arising from actions taken during or as a result of our investigations or from actions taken as a result of investigations by Hoame or law enforcement authorities.

Copyright & License with Hoame

When you choose to use the Hoame app, it's important to understand our terms regarding copyright and licensing:

• Hoame shall not be held responsible or liable, directly or indirectly, for any kind of loss or damage that may occur while using the program.

• All rights, titles, and copyrights related to the Hoame app are the property of Hoame. Your use of the program is licensed to you for the duration of your use and is not sold to you. This right is personal, non-transferable, and non-exclusive.

• You are not permitted to remove or obscure any copyright, trademark, or other proprietary notice on any part of the Hoame app or its accompanying materials. Furthermore, you may not decompile, modify, reverse engineer, disassemble, or reproduce the program. Renting, leasing, sublicensing, creating derivative works based on the program, or any other form of commercial exploitation is strictly prohibited.

By using the Hoame app, you agree to abide by these terms and respect our copyright and licensing policies.

Intellectual Property

Hoame is the owner and/or licensee of all intellectual property on the App including, but not limited to, all text, audio, images and other materials or elements.  The content displayed on or through the App is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You agree that any reproduction, modification, creation of derivative works from or redistribution of the App or the collective work, and/or copying or reproducing the App or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Hoame.  You further agree not to reproduce, duplicate or copy content from the App without the express written consent of Hoame, and agree to abide by any and all copyright notices displayed on the App.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the App. Without limiting the generality of the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the App.  For greater clarity, Hoame retains all ownership rights to the App and no proprietary rights are assigned to you through this Agreement or otherwise.  Hoame retains all moral rights to the App, as applicable.

Applicable Law

When using the Hoame app, it's vital to adhere to all relevant federal, state, or local laws, encompassing areas such as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright and trademark infringement (referred to as "Applicable Law").

The Hoame app contains intellectual property safeguarded by copyright, trademark, and other intellectual property laws of various countries, including the United States and Canada ("Intellectual Property Laws"). These Intellectual Property Laws generally forbid the unauthorized reproduction, distribution, or exhibition of text, photographic and graphic content (art and electronic), music, sound samples, and other protected materials. Violating these Intellectual Property Laws may result in civil and/or criminal penalties.

By using the Hoame app, you agree to respect these legal obligations and abide by all relevant laws and regulations.

User Content & Submissions for Hoame

When using the Hoame app, you bear responsibility for any information you publicly post or submit, collectively referred to as "User Content." By utilizing the Hoame app, you grant Hoame a non-exclusive, unrestricted, unconditional, worldwide, irrevocable, perpetual, and royalty-free right and license to utilize your User Content for various purposes. This includes the rights to use, copy, record, distribute, display, transmit, publish, create derivative works, and advertise User Content. Hoame may use your User Content in any manner, format, medium, or technology known now or developed in the future. This granted right encompasses the ability to host, store, optimize, modify, adapt, and combine User Content with other materials. You also agree that Hoame can use any ideas, concepts, or techniques found within your User Content for any purpose, including product and service development.

With the exception of rights protected by law, you waive any moral rights associated with your User Content, even if it is altered in a way that you may not agree with. You commit to not exercise such rights (if any) in a manner that interferes with the rights granted to Hoame. These rights are provided without compensation.

Hoame typically does not monitor or control User Content but reserves the right to review and request removal of any User Content that violates its policies or is deemed inappropriate in its sole discretion. Hoame is not obligated to maintain or provide access to User Content submitted by you or others.

Please note that Hoame respects the privacy and security of your User Content.

Links to Third-Party Websites in Hoame

The Hoame app may contain hyperlinks leading to external websites that are not owned or associated with Hoame. These hyperlinks do not indicate Hoame's endorsement, sponsorship, or recommendation of the linked websites. They are provided solely as a service to our users and do not imply any affiliation between Hoame and these third-party sites. Hoame has not reviewed all of these external sites and is not responsible for their content.

Availability of Hoame App Services

While we strive to provide you with the best possible service, we cannot guarantee that the Hoame app will be entirely free of faults, bugs, and/or other technical issues nor can we assure it will always fully meet your requirements. If you encounter any technical issues within the app, please report them to us at info@hoame.ca, and we will do our utmost to resolve the problem promptly. Periodically, we may limit your access to the app to facilitate routine maintenance or introduce new features or updates. We appreciate your understanding and patience during such instances.

Medical, Health & Wellness Disclaimer 

Hoame is a provider of online and mobile, including smartphones and immersive devices such as VR/AR/XR headsets, meditation and mindfulness content in the health and wellness sphere. Please be aware that we do not offer medical or psychological advice. While extensive research supports the benefits of meditation, we cannot guarantee specific outcomes for individuals using the Hoame app.

If you are experiencing medical or psychological issues, it is crucial to consult with your healthcare professional. Any advice or materials provided within the Hoame app are designed for general informational purposes only and should not replace professional medical or psychological guidance tailored to your unique circumstances.

Furthermore, we strongly advise against using the Program while operating a vehicle, machinery, or in any situation where your full attention is required for safety. Your well-being is our priority, and we encourage responsible use. If you have any questions or concerns, feel free to reach out to us at info@hoame.ca.

Disclaimer of Warranties and Liability

The App is provided on an “as is” and “as available” basis without any warranty or condition of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.  Hoame does not provide any warranty with respect to the availability of the App, loss of user data on the App, or that the App works without any bugs, glitches, or other technical issues.  Hoame does not take any responsibility for any bugs, glitches, or other technical issues experienced in the App.

Hoame does not warrant the currency, accuracy or completeness of the content. You agree and acknowledge that Hoame and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, shall not be liable for any direct, special, indirect, incidental, or consequential damages, which may result from the use of the App.  Hoame may make changes to the App at any time without notice.  

Limitation of Damages 

To the maximum extent permitted by applicable law, Hoame, its licensors, directors, employees, or shareholders shall not be liable, including negligence, for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the program. This includes, but is not limited to, the use or reliance on content within the program, interruptions, errors, defects, mistakes, omissions, file deletions, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.

Release & Indemnity

You agree to indemnify and hold harmless Hoame and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers from any claim or demand, including reasonable legal fees and court costs with respect to your use of the App, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

Program Modifications 

You recognize and consent to Hoame's authority to make changes or terminate the Hoame app, in its entirety or partially, with or without prior notice, and Hoame will not be held responsible or accountable, either directly or indirectly, to you or any other party for any losses or damages incurred due to such modifications or discontinuations. 

Termination by Hoame

You recognize and consent to Hoame's authority, at its sole discretion, to suspend or terminate your account or your ability to use or access the Hoame app without prior notice. This may include the removal of any related information or content, if Hoame believes you have violated the Terms. You also agree that Hoame will not be held accountable to you or any other party for any consequences arising from such suspension or termination.

Cancellation by You

If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to your Paid Service until the end of your current payment/ subscription period based on the current business model.

Trademarks and Copyright

It is strictly prohibited to use the Hoame logo, or any other marks associated with the Program, without the explicit written consent of Hoame or the respective mark owner, as applicable.

Copyright Notices

All content and information provided through the Hoame app are subject to copyright owned by Hoame or its licensors. All rights are reserved. Any reproduction, republication, or redistribution of this content, including methods like caching or framing, is strictly prohibited without the prior written consent of the copyright owner and Hoame.

Entire Agreement

These Terms of Service constitute the entire agreement between you and Hoame regarding your use of the App, superseding any prior agreements between you and Hoame, except for those agreements incorporated by reference herein.

Governing Law

These Terms of Service and the relationship between you and Hoame shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Hoame agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario.  You and Hoame further agree to comply with all applicable laws in connection with the activities under these Terms of Service.

Jurisdictional Considerations

If you choose to use the Hoame app from locations outside of North America, you are taking this initiative on your own and assume responsibility for adhering to local laws governing online conduct and content standards, should they be applicable. We retain the right to restrict the availability of the Hoame app, as well as the access to any content, programs, products, services, or other features described or offered within the app, to any individual, entity, geographic region, or jurisdiction, at our discretion and at any time. Furthermore, we may limit the quantities of any content, programs, products, services, or features we provide.

Communications

While using the Hoame app, you may receive notifications and messages through the app itself, as well as via email or third-party social network notifications. These messages could contain informative updates or promotions related to the app, such as details about new features or special pricing. If you prefer not to receive these communications, you have the option to unsubscribe or customize your preferences using the provided links at the bottom of each email or in your device Settings.

Privacy

We respect your right to privacy.  All information that we may collect via the App is subject to our Privacy Policy, which is incorporated by reference into this Agreement.  Our Privacy Policy is accessible on our App.

Amendments

Hoame reserves the right, at its sole discretion, to modify this Agreement at any time. Such modifications shall become effective thirty (30) days after the posting thereof.  You must review this Agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the changes, you may terminate this Agreement at any time by cancelling your Paid Service and and/ or ceasing to use the App.

Non-Waiver

The failure of Hoame to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. 

Severability

If any provision of these terms of service is found by a court of competent jurisdiction to be void or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of service remain in full force and effect.

Assignment

You may not transfer, assign, charge, sell, or encumber your rights or obligations arising under these Terms of Service without the prior written consent of Hoame.

Contact

If you have any questions, comments, or feedback with respect to this Agreement, you may contact us via email at info@hoame.ca. You agree that Hoame may contact via the email address as provided by you when responding to your inquiries.

Refund and Payment Policy

Our commitment to providing you with a serene and fulfilling experience through the Hoame app includes clear guidelines for our subscription plans and payment procedures.

1. Refunds

You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law. Be advised that when you purchase a subscription via the Pico storefront or as any downloadable content for sale within the app, for example within the Hoame app, the purchase is considered final, and we are unable to issue a refund. Your transaction will be governed by Pico storefront’s relevant payment policy, which may similarly exclude provisions for refunds.

2. Pricing Update Policy 

Hoame's prices and entire business model may be subject to change in the future. In the event of a pricing adjustment, or fundamental change to the model (eg. introducing subscription plans or downloadable content as in-app purchases), you will have the opportunity to make any necessary modifications.

3. Payment Details 

When you furnish payment information, you confirm that the provided payment details are either in your name or, if they belong to another person, you have obtained the necessary authorization to use them for this purpose. 

Last updated: April 26, 2024