Terms

User Agreement and Terms (e-wallet related)

Valid as of January, 11th 2022

Name: heymate AG

Address: Churerstrasse 54, 8808 Pfäffikon SZ, Switzerland

Email: support@heymate.works

Management: Anil Kutty, Philipp Toth

This User Agreement and Terms (“Terms”) constitute a contract between you and heymate AG (“Company” or “heymate”, and including all affiliates and subsidiaries where applicable) and applies to your use of any heymate products or services, including the self-custody (non-custodial) digital wallet application and other features (“heymate wallet”), technologies and functionalities offered by the Company to you through a website, app, or through other means (the “heymate Services”). 

The heymate Services are provided to you subject to these Terms as well as the heymate Privacy Policy available at heymate.works/privacy, incorporated by these Terms by this reference. Unless otherwise precluded by applicable law, these Terms take precedence in the event of any conflict with the heymate Privacy Policy or any other terms available at www.heymate.works. 

Heymate may, in its sole discretion, modify or revise these Terms at any time, and you agree by your continued use of the heymate Services to be bound by such modifications or revisions. You should periodically review the most up-to-date version, as your continued use of the heymate Services constitutes your acceptance of such changes.

Compatibility Notice: heymate is designed to work on mobile phone devices with iOS 12 or later and Android 5 or later (Lollypop, API level 21). heymate is designed to function in portrait mode only and is not optimized for tablets. 

Further, you are responsible for any data or messaging fees particular to your device(s) and/or carrier(s).

1. Eligibility: You must be at least 18 years old and be able to form legally binding contracts to use heymate Services.  If you are accepting these Terms as an individual, you are accepting and undertaking that you are at least 18 years of age. Further, if you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree to be bound by these Terms, you may not access or use heymate Services. You can only use heymate Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. heymate may refuse to let certain people/entities or devices access or use heymate Services and reserves the right to change these eligibility criteria at any time.

2. Daily transaction limit:  Users of the heymate wallet are limited to sending 1000 Celo Stable Assets per each 24 hour period, which includes Celo Dollars (“cUSD”) or Celo Euro (“cEUR”).  

You should be aware that software wallets like heymate are not well suited to storing large amounts of Celo Stable Assets and/or CELO and you should consider other options to store large amounts of these assets.  Should you need to exceed the daily transaction limit, please contact support@heymate.works for further details.

3. CONSUMER NOTICE! Risk of financial loss:  CELO and Celo Stable Assets (“Digital Assets”) are part of a new asset class and present a risk of financial loss, and you should carefully consider your financial circumstances and tolerance for financial risk, and seek independent advice, if necessary before purchasing any such Digital Assets. CELO is the native unit of accounting on the Celo blockchain which serves as a utility and governance asset for the Celo community. It has a fixed supply and variable value and serves as part of the reserve supporting Celo Stable Assets. Note that stablecoins, including Celo Stable Assets, may be subject to the same volatility and risks associated with the backing assets. You agree and understand that your access and use of these Celo Stable Assets, along with any other virtual currencies that may become accessible through the heymate wallet,  are at your own risk.

4. Limitations of Liability: heymate Services allow you to interact directly with the Celo blockchain, while you remain in full control of, and always responsible for, your own digital keys and assets. AS AN UNHOSTED WALLET WHERE YOU ARE RESPONSIBLE FOR YOUR OWN DIGITAL KEYS AND ASSETS, YOU UNDERSTAND THAT THE HEYMATE SERVICES ARE CURRENTLY NOT REGULATED BY ANY FINANCIAL AUTHORITY AND THE DIGITAL ASSETS THAT YOU MAY STORE, EXCHANGE, AND TRANSFER USING HEYMATE SERVICES ARE NOT COVERED OR UNDERWRITTEN BY ANY ISSUER, INSURER, GOVERNMENT, OR CENTRAL AUTHORITY. 

When you access certain heymate Services, you will be able to create a heymate wallet to perform a variety of actions with Digital Assets. You will be requested to verify your phone number through a decentralized attestation process requiring a transaction fee (read more here), but you do not, and will not, create an account with heymate or any other entity. You will not give heymate control or access to any of your Digital Assets, and your Digital Assets are not held by heymate, but are on the Celo blockchain and ‘viewed’ and accessible through heymate Services. Heymate neither controls the Celo blockchain nor your Digital Assets. Digital Assets may be considered virtual currencies.  

From time to time, as a user of the heymate Services, you may be granted access to or receive certain rewards, earnings, benefits or other privileges (“Celo Blockchain Initiatives”) by virtue of holding Digital Assets on the Celo blockchain. Celo Blockchain Initiatives are decentralized projects which are provided and operated by the Celo Community. Celo Blockchain Initiatives are NOT offered, managed or operated by heymate and heymate will not be liable for any loss or damage arising from your participation in Celo Blockchain Initiatives offered through the broader Celo ecosystem. If you do not wish to participate in Celo Blockchain Initiatives, please discontinue your use of heymate Services and other participation with the Celo blockchain.

HEYMATE DOES NOT COLLECT OR HOLD YOUR PRIVATE KEYS, AND HEYMATE CANNOT ACCESS WALLETS; RECOVER KEYS, PASSWORDS, OR OTHER INFORMATION; RESET PASSWORDS; OR REVERSE TRANSACTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF HEYMATE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR STORING, BACKING-UP, AND MAINTAINING THE CONFIDENTIALITY OF YOUR KEYS, PASSWORDS, AND INFORMATION, AND FOR THE SECURITY OF ANY TRANSACTIONS YOU PERFORM USING HEYMATE SERVICES. YOU EXPRESSLY RELIEVE, RELEASE AND INDEMNIFY HEYMATE FROM AND AGAINST ANY AND ALL LIABILITY AND/OR LOSS ARISING FROM YOUR USE OF HEYMATE SERVICES.

CONSUMER NOTICE! Users interacting with Digital Assets should be aware that such assets involve risks, including the risk of loss of some or all assets. Losses are not insured, and you assume responsibility for all losses. You are advised to exercise caution, conduct research, and not to transact more than you can afford to lose. If your country of residence has enacted currency control measures, you should consult with your advisors if transactions you make through heymate comply with such regulations.

5. Your Responsibilities: You are fully responsible for any and all activities that occur with your use of heymate Services and you accept that any transaction, transfer, or contract which you may enter into with any other user of heymate Services or third party shall be a private arrangement between you and that person/entity. Heymate shall not be responsible for, nor a party to, such arrangements and all responsibility for settling any disputes arising from the same shall be solely yours. You accept that heymate shall have no responsibility for verifying the identity of persons/entities to whom you may transfer Digital Assets using heymate Services. Heymate will not be liable for any loss or damage arising from your failure to comply with these Terms. 

When using heymate Services, you are strongly advised to take necessary precautions in order to avoid loss of access to and/or control over your heymate wallet. Once transaction details have been submitted to the Celo blockchain via heymate Services, heymate cannot assist you to cancel or otherwise modify your transaction. heymate has no control over the Celo blockchain and does not have the ability to facilitate any cancellation or modification requests. 

You acknowledge and agree that you are solely responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), secret keys or any other codes that you use to access heymate Services (“Your Credentials”). Any loss or compromise of Your Credentials may result in unauthorized access to your Digital Assets by third-parties and the loss or theft of such Digital Assets. heymate assumes no responsibility for any loss that you may sustain due to compromise of Your Credentials.

You shall have no recourse against Company, its subsidiaries, affiliates, employees, directors or officers for any liabilities of any type incurred by you and/or any of your affiliates as a result of the use, resale or distribution of any Digital Assets.

You must ensure that you have an adequate balance in your heymate wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that heymate will not be liable for any failed transactions due to insufficient funds or gas associated with your heymate wallet. 

You will not violate any laws when using heymate Services, including any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use heymate Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, child labor, pornography, fraud, human trafficking, money laundering, or terrorist activities. You further agree not to encourage or induce any third party to engage in any such activities using any heymate Service. Any such activity detected by, or reported to, heymate may be reported to relevant authorities pursuant to the Company’s compliance policies. 

You will not use or attempt to use another user’s heymate wallet without authorization or use heymate Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it. 

You will not distribute any virus or other harmful computer code through any heymate Service. You also agree to not take any action that may impose an unreasonable or disproportionately large load on heymate or any of its related third party providers’ infrastructure. 

You will not bypass, circumvent, or attempt to bypass or circumvent any measures that heymate may use to prevent or restrict access to heymate Services. Any use of heymate Services other than as specifically authorized in these Terms, without prior written permission from heymate, is strictly prohibited. heymate reserves its right to terminate your user status and use of all heymate Services if you misuse heymate, the heymate Services or website(s), or violate these Terms.

Digital Assets are not legal tender, and are not backed by any government nor subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections, or other such similar regulations, globally. 

Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currencies.  And transactions in virtual currencies may be irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the transaction is initiated.

The value of virtual currencies may be derived from the continued willingness of market participants to exchange fiat currency for virtual currencies, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear. And there is no assurance that a person who accepts virtual currencies as payment today will continue to do so in the future.

The volatility and unpredictability of the price of virtual currencies relative to some fiat currencies may result in significant loss over a short period of time. And the nature of virtual currency may lead to an increased risk of fraud or cyber-attack.

6. heymate Responsibilities: heymate is not a regulated financial institution and does not provide or offer insurance cover to users. Celo Digital Assets may be ascribed value by third parties (either by way of a cash valuation, or a valuation expressed in virtual currencies). heymate makes no representations or warranties about any valuation ascribed to the Digital Assets, which depend entirely on the opinions of third parties. heymate shall have no liability for any fluctuations in the value of the Digital Assets. heymate shall not be obliged to repurchase Digital Assets held in the heymate wallet nor to redeem such Digital Assets for cash. heymate does not offer the users any returns or profits in connection with or arising from Digital Assets.

7. Fees: Fees related to transactions on the Celo blockchain are assessed and required by the Celo blockchain. Heymate does not currently charge any fees for the heymate Services pursuant to these Terms. However, heymate reserves the right to do so in the future and, in such case, any applicable fees will be displayed prior to you using any service to which a fee applies.

heymate-integrated 3rd parties such as Payment Service Providers might charge fees for the provision of their services to heymate. Regulations and Terms for such 3rd party services may vary and are not part of this agreement. The Terms of our current partners can be reviewed below: 

 

Apha Fortress Pvt. Ltd. (N2Xpress)  

 

Ramp Swaps Ltd. (Ramp Network)

8. Taxes & Regulatory Approvals: It is your sole responsibility to determine whether, and to what extent, any taxes or regulatory (including exchange control) approvals apply to any transactions you conduct through heymate or using the heymate Services, including any assets received through Celo Blockchain Initiatives. Company is not responsible for any taxes or regulatory approvals that you may be legally obligated to pay or obtain in any jurisdiction in which such taxes or regulations are incurred or arise. You agree that heymate is not responsible for determining whether taxes or regulatory approvals apply to you or for collecting, reporting, withholding, or remitting any taxes or seeking any regulatory approvals arising from any virtual currency transactions. We suggest you analyze the tax enforcement with your accounting advisors. 

9. CONSUMER NOTICE! Disclaimer & Limitation of Liability: YOUR USE OF HEYMATE SERVICES IS AT YOUR OWN RISK. ALL HEYMATE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HEYMATE NOR ANY PERSON OR ENTITY ASSOCIATED WITH HEYMATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY HEYMATE SERVICES. 

WITHOUT LIMITING THE FOREGOING, NEITHER HEYMATE NOR ANY PERSON OR ENTITY ASSOCIATED MAY REPRESENTS OR WARRANTS THAT ANY HEYMATE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION, SITE OR THE SERVER THAT MAKES HEYMATE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT HEYMATE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HEYMATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL HEYMATE, ITS AFFILIATES OR THEIR LICENSORS IF ANY, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, HEYMATE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON HEYMATE SERVICES OR SUCH OTHER WEBSITES, OR ANY SERVICES OFFERED THROUGH THE HEYMATE SERVICES OR SUCH OTHER APPLICATIONS OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. heymate’s liability shall be limited to the extent permitted by law.

Access to heymate Services may not be legal by certain persons or in certain places. If you access heymate Services, you do so on your own initiative and are responsible for compliance with local laws. heymate Services may be translated into a variety of languages, but because heymate can only verify the validity and accuracy of the information provided in English, the English version of any heymate Services is the official text.

CONSUMER NOTICE! By entering into these Terms, You agree to release and hold harmless the Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your acceptance, possession, use, or misuse of any heymate Services; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, smartphone, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of heymate Services; (v) electronic or human error with the heymate Products or Services.

10. Disputes & Arbitration Agreement: Disputes between you and heymate regarding any heymate Services may be reported to customer service online through support@heymate.works at any time. UNLESS EXPRESSLY PRECLUDED BY APPLICABLE LAW, ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION PURSUANT TO THIS “ARBITRATION AGREEMENT”. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to heymate should be sent to: support@heymate.works. After the Notice is received, you and heymate may attempt to resolve the claim or dispute informally. If you and heymate do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. 

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST THE COMPANY AND/OR RELATED THIRD PARTIES.

11. Privacy Policy: All use of the heymate Services is subject to the terms of the Privacy Policy and the applicable privacy laws. By accepting these Terms, you represent that you have also  consented to the Privacy Policy. If you are required by applicable law to expressly consent separately to the Privacy Policy, you may not use the heymate Services unless you have independently read and consented to the Privacy Policy. To read the Privacy Policy, click here.  Subject to the Privacy Policy, technical information about your devices and related software, hardware and peripherals is collected by heymate and used to enable improvement to products and to provide heymate Services to you. Where not precluded by applicable law, by accepting these Terms, you agree that heymate may contact you from time to time by email, telephone or SMS with information about goods or services that may be of interest to you. You will have the possibility to opt-out from such notifications and/or contacts. heymate Services may contain links to other independent third-party websites not under control of heymate, and heymate is not responsible for and does not endorse their content or their privacy policies (if any).  

12. SMS Considerations and Agreement: You understand that your wireless service provider(s) may charge you for each text message, including any error message, that is sent and/or received in connection with heymate Services. It is recommended that you consult with your wireless service provider’s pricing plan for any applicable details. By using heymate Services, you are solely responsible for any wireless charges.

13. Third Parties:  heymate Services may contain links to third-party websites and/or applications, or employ the use of API integrations to third-party applications (“Third-party Applications”) that are not owned or controlled by heymate. Access to and use of any Third-party Applications is at your own risk and neither heymate, nor its directors, employees, partners, agents, suppliers, or affiliates are responsible for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of monies, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use Third-party Applications; (b) any conduct or content of the Third-party Applications; (c) the accuracy or reliability of information on Third-party Applications; (d) the acts or omissions of the operators of Third-party Applications (or their partners or affiliates); (e) any loss or damage incurred in connection with the use of any Third-party Applications; (f) any transaction you consummate in connection with your use or access of any Third-party Applications; or (g) any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not heymate has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Please be aware when you utilize these Third-party Applications, and read the terms and privacy policy of each Third-party Application that you utilize. heymate provides these links and integrations merely as a convenience, and the inclusion of such links and integrations does not imply an endorsement. By using heymate Services, you expressly release heymate from all liability arising from your use of any Third-party Applications.

14. Intellectual Property: In consideration for you agreeing to abide by these Terms, heymate grants you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use heymate Services, subject to these terms, the Privacy Policy, and any applicable app store rules. 

heymate also contains copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, heymate exclusively owns the Content. Your use of the heymate Services does not grant you any right, title, or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part, and you will comply with all technology control or export laws and regulations that may apply to the technology used or supported by any heymate Service. 

You acknowledge and agree that any feedback, comments or suggestions you may provide regarding heymate Services will be the sole and exclusive property of heymate, and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing. heymate reserves the right to discontinue any aspect of any heymate Service at any time.

15. Content Posted by Users: When using heymate Services, you may have the ability to post content (e.g., payment descriptions, business descriptions, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit. heymate is not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on any heymate Service. heymate does not endorse, guarantee, make representations or provide warranties regarding any such content. Heymate may, in its sole discretion, reject or remove any content. heymate shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. heymate is not responsible for any failure or delay in removing any such content.

Please report inaccurate, inappropriate or offensive content, policy violations or other violations to support@heymate.works

16. CONSUMER NOTICE! Indemnity: You agree to defend, indemnify and hold harmless heymate, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to heymate Services, or your violation of these Terms. This defense and indemnification obligation will survive these Terms and your use of the heymate Services.

17. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by heymate without restriction.

18. Governing Law, Venue & Jurisdiction: To the extent the parties are permitted under these Terms to initiate litigation in court, both you and heymate agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to heymate Services, including the Terms, shall be governed in all respects by the substantive law of Switzerland, without regard to its conflict of law principles. Where not precluded by applicable law, you and heymate hereby consent to submit to the jurisdiction of the federal and state courts sitting in Switzerland for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms, that are not subject to the Arbitration Agreement.

YOU AND HEYMATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HEYMATE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.

19. Discontinuance of Services: heymate may, in its sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of heymate Services. You are solely responsible for storing outside of the heymate Services a backup of any wallet address and private key pair that you maintain in your heymate wallet. Maintaining an external backup of any heymate wallet address and private key pairs associated with your heymate wallet will allow you to access the Celo blockchain upon which your heymate wallet is secured. Such a backup will allow you to fully restore your digital wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your wallet data outside of any heymate Services, you will not be able to access the Digital Assets associated with your wallet. heymate shall not be held responsible or liable for any loss of Digital Assets in the event that heymate discontinues or depreciates any heymate Services.

20. Entire Agreement, No Waiver & Severability: These Terms, the Privacy Policy, any other legal notices published by heymate shall constitute the entire agreement between you and heymate concerning heymate Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. heymate’s failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

21. Force Majeure. heymate, its directors, officers, agents and employees, shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms arising out of, or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God or interruptions, loss or malfunctions of utilities, communications or computer software and other event amounting to force majeure.

Contact Information: We welcome your comments or questions about these Terms. You may contact us at support@heymate.works.

 

User Agreement and Terms (Telegram-client related)

Valid as of January, 11th 2022

Name: heymate AG

Address:  Churerstrasse 54,  8808 Pfäffikon SZ, Switzerland

Email: support@heymate.works

Management: Anil Kutty, Philipp Toth

 

Heymate AG does not transfer any user data or device information to anyone and uses the Telegram API, so for more details, please read the Telegram Privacy Policy (https://telegram.org/privacy).

 

Our client’s open-source code is available on GitHub 

 

https://github.com/heymateag/ios

https://github.com/heymateag/android

https://github.com/heymateag/webapp

 

to comply with the Telegram API terms of use and the GNU GPL licenses. 

 

Using the mobile application “heymate” (hereinafter referred to as the Application), which is a branch project (fork) of the Telegram messenger, which operates on the basis of its open API, has additional functionality and design elements, the user (hereinafter referred to as the User) accepts this agreement (hereinafter referred to as the Agreement) regulating the rules for using the Application, the procedure for purchasing paid services in the Application, the responsibility of the parties and other relations related to the use of the Application. 

 

The developer and copyright holder of the Application is heymate AG (incorporated in Switzerland under: CHE-221.847.003), however, the Application is based on the Telegram API, operates through servers and services owned by Telegram, thus the exclusive right of the Rightholder applies to the results of intellectual activity and equated to them means of individualization, not affected by the terms of use of the API "Telegram". 

 

Due to the feature of the Application and the direct relationship with the servers and the Telegram equipment, the User accepts as a fact, and the Rightholder responsibly declares that it does not store, does not intend to store in the future, and does not process the personal data of the Application Users. 

All personal information of Users is transmitted and processed on servers and equipment of Telegram. 

 

  1. TERMS AND DEFINITIONS 

  2.  
    1. According to the text of the Agreement, as well as in connection with the relationship between the Rightholder and the Application User, the following terms and definitions apply

    2.  
      1. User - a capable adult physical person (or legal representative of a minor), who has passed the registration procedure in the Application, has civil law and capacity, is able, in accordance with the legislation, to acquire rights and bear obligations on its behalf and act as a party to the Agreement.

      2. Store - application store “App Store” or “Google Play Market” (depending on the device of the User), through which the User installed and launched the Application on his device. 

      3. Other terms used in the Agreement and/or in relations arising from it are subject to interpretation in accordance with the law of Switzerland, and in the absence of their interpretation in the legislation in accordance with the customs of business and scientific doctrine. 

 

  1. GENERAL PROVISIONS 

  2.  
    1. When using the Application, the User undertakes to comply with the Agreement, with all its integral parts, including the current legislation and international agreements, the rules of the Shops, other legal acts interrelated with the functioning of the Application. 

    2. The Rightholder has the right, without the consent of the User, to involve third parties to fulfill the obligations under the Agreement, while remaining responsible for their actions to the User. 

    3. The User undertakes to timely and independently familiarize himself with the current version of the Agreement. In case of disagreement of the User with the current edition of the Agreement, the User is obliged to stop using the Application. 

    4. The User undertakes not to use possible errors of the software part of the Application in order to gain an advantage over other Users. The User undertakes to immediately report all errors he has identified in the Application to the Rightholder. 

    5. The User is responsible for the security of his account in the Application, and is obliged to take measures independently to ensure its security. 

    6. The Rightholder is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to a violation of the Agreement by the User, as well as the terms of use of the Telegram. 

    7. The User acknowledges and agrees that he should independently assess all risks associated with the use of the Application, including an assessment of the reliability, completeness or usefulness of the information contained in the Application. 

  3. LEGAL GROUND FOR PROCESSING YOUR PERSONAL DATA 

  4.  
    1. We process your personal data on the ground that such processing is necessary to further our legitimate interests (including: 

    2.  
      1. (1) providing effective and innovative Services to our users; and 

      2. (2) to detect, prevent or otherwise address fraud or security issues in respect of our provision of Services), unless those interests are overridden by your interest or fundamental rights and freedoms that require protections of personal data. 

  5. WHAT PERSONAL DATA WE USE 

  6.  
    1. Basic Account Data Telegram is a communication service. You provide your mobile number and basic account data (which may include profile name, profile picture and about information) to create a Telegram account. To make it easier for your contacts and other people to reach you and recognize who you are, the screen name you choose, your profile pictures, and your username (https://telegram.org/faq#usernames-and-t-me) (should you choose to set one) on Telegram are always public. We don't want to know your real name, gender, age or what you like. We do not require your screen name to be your real name. Note that users who have you in their contacts will see you by the name they saved and not by your screen name. This way your mother can have the public name 'Johnny Depp' while appearing as 'Mom' to you and as 'Boss' to her underlings at work (or the other way around, depending on how these relationships are structured). 

    2. Your E-mail Address When you enable 2-step-verification for your account or store documents using the Telegram Passport feature, you can opt to set up a password recovery email. This address will only be used to send you a password recovery code if you forget it. That's right: no marketing or “we miss you” bullshit.

    3. Your Messages 

    4.  
      1. Cloud Chats Telegram is a cloud service. We store messages, photos, videos and documents from your cloud chats on our servers so that you can access your data from any of your devices anytime without having to rely on third-party backups. All data is stored heavily encrypted and the encryption keys in each case are stored in several other data centers in different jurisdictions. This way local engineers or physical intruders cannot get access to user data. 

      2. Secret Chats Secret chats use end-to-end encryption. This means that all data is encrypted with a key that only you and the recipient know. There is no way for us or anybody else without direct access to your device to learn what content is being sent in those messages. We do not store your secret chats on our servers. We also do not keep any logs for messages in secret chats, so after a short period of time, we no longer know who or when you messaged via secret chats. For the same reasons secret chats are not available in the cloud — you can only access those messages from the device they were sent to or from. 

      3. Media in Secret Chats When you send photos, videos or files via secret chats, before being uploaded, each item is encrypted with a separate key, not known to the server. This key and the file’s location are then encrypted again, this time with the secret chat’s key — and sent to your recipient. They can then download and decipher the file. This means that the file is technically on one of Telegram’s servers, but it looks like a piece of random indecipherable garbage to everyone except for you and the recipient. We don’t know what this random data stands for and we have no idea which particular chat it belongs to. We periodically purge this random data from our servers to save disk space. 

      4. Public Chats In addition to private messages, Telegram also supports public channels and public groups. All public chats are cloud chats (see section 4.3.1 above). Like everything on Telegram, the data you post in public communities is encrypted, both in storage and in transit — but everything you post in public will be accessible to everyone. 

      5. Phone Number and Contacts Telegram uses phone numbers as unique identifiers so that it is easy for you to switch from SMS and other messaging apps and retain your social graph. We ask your permission before syncing your contacts. We store your up-to-date contacts in order to notify you as soon as one of your contacts signs up for Telegram and to properly display names in notifications. We only need the number and name (first and last) for this to work and store no other data about your contacts. Our automatic algorithms can also use anonymized sets of phone numbers to calculate the average number of potential contacts an unregistered phone number may have on Telegram. When you open the 'Invite friends' interface, we display the resulting statistics next to your contacts to give you an idea of who could benefit most from joining Telegram. You can always stop syncing contacts or delete them from our servers in Settings > Privacy & Security > Data Settings. If you are using Android, Telegram will ask you for permission to access your phone call logs (READ_CALL_LOG). If you grant this permission, Telegram will be able verify your account by transmitting a phone call instead of asking you to enter a code. Telegram uses this permission only to confirm receipt of the confirmation call by verifying the number in the call log. 

      6. Cookies The only cookies we use are those to operate and provide our Services on the web. We do not use cookies for profiling or advertising. The cookies we use are small text files that allow us to provide and customize our Services, and in doing so provide you with an enhanced user experience. Your browser should allow you to control these cookies, including whether or not to accept them and how to remove them. You may choose to block cookies with your web browser, however, if you do disable these cookies you will not be able to log in to Telegram Web. 

  7. KEEPING YOUR PERSONAL DATA SAFE 

  8.  
    1. Storing Data If you signed up for Telegram from the UK or the EEA, your data is stored in data centers in the Netherlands. These are third-party provided data centers in which Telegram rents a designated space. However, the servers and networks that sit inside these data centers and on which your personal data is stored are owned by Telegram. As such, we do not share your personal data with such data centers. All data is stored heavily encrypted so that local Telegram engineers or physical intruders cannot get access. 

    2. End-to-End Encrypted Data Your messages, media and files from secret chats (see section 4.3.2 above), as well as the contents of your calls and the data you store in your Telegram Passport (https://telegram.org/blog/passport) are processed only on your device and on the device of your recipient. Before this data reaches our servers, it is encrypted with a key known only to you and the recipient. While Telegram servers will handle this end-to-end encrypted data to deliver it to the recipient – or store it in the case of Telegram Passport data, we have no way of deciphering the actual information. In this case, we neither store nor process your personal data, rather we store and process random sequences of symbols that have no meaning without the keys which we don’t have.

    3. Retention Unless stated otherwise in this Privacy Policy, the personal data that you provide us will only be stored for as long as it is necessary for us to fulfill our obligations in respect of the provision of the Services. 

  9. PROCESSING YOUR PERSONAL DATA 

  10.  
    1. Our Services Telegram is a cloud service. We will process your data to deliver your cloud chat history, including messages, media and files, to any devices of your choosing without a need for you to use third-party backups or cloud storage. 

    2. Safety and Security Telegram supports massive communities which we have to police against abuse and Terms of Service violations. Telegram also has more than 400 million (https://telegram.org/blog/400-million/ru?ln=a) users which makes it a lucrative target for spammers. To improve the security of your account, as well as to prevent spam (https://telegram.org/faq_spam), abuse, and other violations of our Terms of Service, we may collect metadata such as your IP address, devices and Telegram apps you've used, history of username changes, etc. If collected, this metadata can be kept for 12 months maximum. 

    3. Spam and Abuse To prevent phishing, spam and other kinds of abuse and violations of Telegram’s Terms of Service, our moderators may check messages that were reported to them by their recipients. If a spam report on a message you sent is confirmed by our moderators, your account may be limited from contacting strangers – temporarily or permanently. You can send an appeal using @Spambot. In case of more serious violations, your account may be banned. We may also use automated algorithms to analyze messages in cloud chats to stop spam and phishing. 

    4. Cross-Device Functionality We may also store some aggregated metadata to create Telegram features (see section 6.5 below) that work across all your devices. 

    5. Advanced features We may use some aggregated data about how you use Telegram to build useful features. For example, when you open the Search menu, Telegram displays the people you are more likely to message in a box at the top of the screen. To do this, we calculate a rating that shows which people you message frequently. A similar rating is calculated for inline bots so that the app can suggest the bots you are most likely to use in the attachment menu (or when you start a new message with “@”). To turn this feature off and delete the relevant data, go to Settings > Privacy & Security > Data Settings and disable “Suggest Frequent Contacts”. 

    6. No Ads Unlike other services, we don't use your data for ad targeting or other commercial purposes. Telegram only stores the information it needs to function as a secure and feature-rich cloud service. 

  11. WHO YOUR PERSONAL DATA MAY BE SHARED WITH 

  12.  
    1. Other Telegram Users: Other users of our Services with whom you choose to communicate with and share certain information, who may be located outside the EEA. Note that by entering into the Terms of Service and choosing to communicate with such other users of Telegram, you are instructing us to transfer your personal data, on your behalf, to those users in accordance with this Privacy Policy. We employ all appropriate technical and organizational measures (including encryption of your personal data) to ensure a level of security for your personal data that is appropriate to the risk. 

    2. Telegram’s Group Companies: We may share your personal data with: (1) our parent company, Telegram Group Inc, located in the British Virgin Islands; and (2) Telegram FZ-LLC, a group member located in Dubai, to help provide, improve and support our Services. We will implement appropriate safeguards to protect the security and integrity of that personal data. This will take the form of standard contract clauses approved by the European Commission in an agreement between us and our relevant group companies. 7

    3. Law Enforcement Authorities: If Telegram receives a court order that confirms you're a terror suspect, we may disclose your IP address and phone number to the relevant authorities. So far, this has never happened. When it does, we will include it in a semiannual transparency report published at: https://t.me/transparency. 

  13. YOUR RIGHTS REGARDING THE PERSONAL DATA YOU PROVIDE TO US 

  14.  
    1. Your Rights Under applicable data protection legislation, in certain circumstances, you have rights concerning your personal data. You have a right to: (1)request a copy of all your personal data that we store and to transmit that copy to another data controller; (2) delete (see section 9 below) or amend your personal data; (3) restrict, or object to, the processing of your personal data; (4) correct any inaccurate or incomplete personal data we hold on you; and (5) lodge a complaint with national data protection authorities regarding our processing of your personal data. 8.2. Data Settings You can control how your data is used (e.g., delete synced contacts) in Settings > Privacy & Security > Data Settings (using one of our mobile apps). Sadly, if you're generally not OK with Telegram's modest requirements, it won't be possible for us to provide you with our Services. You can delete your Telegram account by proceeding to the deactivation page (https://my.telegram.org/auth?to=delete). 

  15. DELETING DATA

  16.  
    1. Accounts If you would like to delete your account, you can do this on the deactivation page (https://my.telegram.org/auth?to=delete). Deleting your account removes all messages, media, contacts and every other piece of data you store in the Telegram cloud. This action must be confirmed via your Telegram account and cannot be undone. 

    2. Messages In secret chats, deleting a message always instructs the app on the other end to delete it too. In cloud chats, you can choose to delete a message for all participants within at least 48 hours after sending. Otherwise, deleting a message will delete it from your message history. This means that a copy will stay on the server as part of your partner's message history. As soon as your partner deletes it too, it's gone forever. As of version 5.5 (https://telegram.org/blog/unsend-privacy-emoji), any party can choose to delete any messages in one-on-one chats, both sent and received, for both sides. There is no time limit. Any party can also opt to clear the entire chat history for both parties, in which case the apps will be instructed to remove all messages in that chat, however many of them are still retained by either of the participants. In supergroups (https://telegram.org/blog/supergroups) and channels, deleting a message removes it for all participants. Note that deleted messages and original versions of edited messages from supergroups are stored for 48 hours after deletion in order to be shown in the admins log (https://telegram.org/blog/adminrevolution#recent-admin-actions). 

    3. Self-Destructing Messages Messages in Secret Chats can be ordered to self-destruct (https://telegram.org/faq#q-how-do-self-destructing-messages-work). As soon as such a message is read (https://telegram.org/faq#q-what-do-the-green-checksmean) (2 checks appear), the countdown starts. When the timer expires, both devices participating in a secret chat are instructed to delete the message (photo, video, etc.). Media with short timers (less than a minute) are shown with blurred previews. The timer is triggered when they are viewed. 

    4. Account Self-Destruction By default, if you stop using Telegram and do not come online for at least 6 months, your account will be deleted along with all messages, media, contacts and every other piece of data you store in the Telegram cloud. You can go to Settings to change the exact period after which your inactive account will self-destruct. 

  17. REGISTRATION IN APPLICATION

  18.  
    1. After downloading the Application to his device from the Store, the User installs the Application, launches it and goes through the registration procedure in the Application. 

    2. In order to complete the registration, after installing the Application from the Store, the User needs to associate his device with the Telegram database, for which he needs to perform one of the following actions: 

    3.  
      1. Enter the code that came to any active “Telegram” of the User (both the mobile application and the stationary version for the personal computer); 

      2. Enter the code from the SMS message. 

    4. Registration and entry into the Application is carried out using the Telegram service. The service of registration and authorization of the User in the Application works exclusively with the help of the equipment and servers of Telegram. 

    5. The User is obliged to immediately notify the Rightholder of any case of unauthorized (not permitted by the User) access to the User account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account in the Application. The Rightholder is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to a violation of the provisions of the Agreement by the User. 

 

  1. LINK TO TELEGRAM 

  2.  
    1. The Application is developed on the basis of the Telegram API, accessible via the https://core.telegram.org/api link, which has open source code. The peculiarity of the Application is that all the functional features of the “Telegram” are saved in it, as well as new ones that are not included in the “Telegram”.

    2. It is impossible to access the User’s personal information through the equipment and / or the Rightholder’s server, since the entire User’s information is stored on its device and on the Telegram equipment. 

    3. The sole function of the server hardware of the Rightholder in the Application is to store information about the user’s offers that he has made to sell on the Heymate platform, the status of these offers during the lifecycle of the offer and information related to the profile of the User (images/videos he/she has uploaded to our platform). 

    4. All cloud storage used in the Application belongs to the “Telegram”, the entire history of correspondence, contacts, files, media of the User is stored in his account and is displayed both in the Application and in the “Telegram”. This, in fact, is a single database. 

    5. The main difference of the Application from “Telegram” is the possibility of offers and buying services (online video gigs), as an additional functionality, working on top of the existing one in “Telegram”. 

  3. USE OF WALLET  & Blockchain Technology 

  4.  
    1. The terms for use of the heymate integrated e-wallet and related Celo functionalities are defined in a separate Agreement (Heymate User Agreement and Terms, e-wallet related)

  5. LIMITATION OF LIABILITY

  6.  
    1. The User understands and unconditionally agrees that he uses the Rightholder's services under the Agreement solely at his own risk and that the services are provided to the User on an “as is” and “as available” basis, namely the Rightholder does not declare or guarantee that: 

    2.  
      1. services will meet the requirements of the User;

      2. services will be provided continuously, timely, safely and without errors; 

      3. any information received by the User as a result of using the services will be full-time and reliable; 

      4. defects in the work or functionality of any software as part of the Application will be corrected in the expected time of the User. 

    3. The User also understands and agrees that all the Application’s services are provided “as is” and that the Rightholder is not responsible for any delays, malfunctions, incorrect or untimely delivery, deletion or failure of any user personal or other information. 

    4. The copyright holder of "Telegram" is responsible for the quality of communication services presented in the Application. 

    5. Access to downloaded malware in the Application. 16.5. The Rightholder is not responsible for the loss of User data. 

    6. The User agrees that the Application meets its requirements. 

    7. The Rightholder or his representatives are not responsible before Users or before third parties, for any indirect, incidental, unintentional damages, including enhanced outcomes or lost data, harmful conditions, value or business reputation arising in connection with the use of the Application, all usable that can be achieved with it. 

  7. INTELLECTUAL PROPERTY 

  8.  
    1. The design elements and other objects missing in the Telegram interface are subject to the exclusive rights of the Rightholder. 

    2. The user is granted a personal non-exclusive and non-transferable right to use the Application on his device, provided that neither the User himself nor any other persons with the assistance of him will: 

    3.  
      1. copy or modify the software; 

      2. create software-derived programs;

      3. penetrate the software in order to obtain program codes; 

      4. violate the rights of third parties;

      5. to sell, assign, lease, transfer to third parties in any other form the rights with respect to the software provided to the User under the Agreement; 

      6. modify services, including in order to obtain unauthorized access to them. 

    4. The User is strictly prohibited to use intellectual property of the Rightholder as a whole and as a separate part outside the interface of the Application. In the event that a violation of this condition is found, the Rightholder has the right to seek compensation for violation this agreement in the amount of 1,000 to 50,000 US dollars at its discretion, depending on the nature of the violation. 

    5. In the event of the discovery of a violation of intellectual property rights, the respective copyright holder shall, in the pretrial order, send a statement to the Rightholder by e-mail: support@heymate.works. A statement is submitted by an authorized person, a copy of the document is attached to a statement (in written or electronic form) confirming his authority. 

    6. In case of detection of incomplete information, inaccuracies or errors in the Application, the Rightholder submits to the applicant within 24 (twenty-four) hours from the date of receipt of a statement a notification on the clarification of the submitted information. This notification may be sent to the applicant once. Within 24 (twenty-four) hours from the moment of receiving the notification, the applicant takes measures aimed at filling the missing information, elimination of inaccuracies and errors, and sends the specified information to the Rightholder. 

    7. Within 24 (twenty-four) hours from the moment of receipt of a statement information specified by the applicant (in the case of notification to the applicant), the Rightholder removes the intellectual property from the Application, the rights to which have been violated. 

    8. If the Rightholder has evidence confirming the legality of placing information containing the object of copyright and (or) related rights in the Application, the Rightholder has the right not to take measures to remove such information on a statement, and sends the applicant a corresponding notice with the above evidence. 

  9. FINAL PROVISIONS 

  10.  
    1. All disagreements or disputes that may arise between the parties to the Agreement should be resolved in the pretrial order through negotiations, the sending of claim letters. The deadline for responding to a claim is 10 (ten) business days. Claims of the User are accepted and considered by the Rightsholder only in writing. 

    2. If agreement for any reason is not reached during the pre-trial settlement, the dispute arising from the Agreement shall be considered on the basis of the Swiss international arbitration law. 

    3. The law of Switzerland applies to the relations of the parties under the Agreement. Acceptance of the Agreement by a foreign User means that the text of the Agreement is understandable to him and does not need translation. If necessary, the translation of foreign users undertake to translate into the language they need on their own and at their own expense. 

 

REQUISITES OF THE RIGHTHOLDER 

heymate AG

CHE-221.847.003

Churerstrasse 54, 8808 Pfäffikon (SZ),  Switzerland 

support@heymate.works