Terms of service

Before you start using friyay, you must read and agree to these Terms of Service (“Terms”) which govern:

1) your access to and use of the website and mobile application, www.friyay.io (the “Website”);
2) the Services (as defined in the Services Description below); and
3) any information, text, graphics, data, profiles, audio and video clips or other materials uploaded, downloaded or appearing on the Website (collectively referred to as “Content”).

Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms as well as our Privacy Policy which governs our use of your personal information. You may use the Website and Services only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations.

Services Description
friyay is a web-based and mobile service for organizing teams and projects.

(each a “Service” and together the “Services”).

The form and nature of the services we provide may change from time to time without prior notice to you. In addition, we may stop providing access to or aspects of the Website and/or Services (or any features within the Services) to you or to users generally. We may also not be able to provide you with prior notice and we retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

You are responsible for your use of the Services including any Content you post on the Website.

Passwords
You are responsible for safeguarding the password that you use to access the Website and Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Friyay cannot, and will not, be liable for any loss or damage arising from your failure to comply with these requirements.

Content on the Services
All Content is the sole responsibility of the originator.

Friyay Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of friyay and its licensors. The Services are protected by copyright, trademark, and other laws of both USA, Canada and other foreign countries. Nothing in the Terms gives you a right to use the friyay name or any of the friyay trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding friyay, or the Website and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Website or in connection with the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of friyay, its users and the public.

You may not engage in any illegal, offensive or unauthorized conduct including:
a. accessing, tampering with, or using non-public areas of the Services, friyay's computer systems, or the technical delivery systems of friyay's providers;
b. probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
c. interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

You agree to indemnify friyay for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you.

The Services are Provided “AS-IS”
Your access to and use of the Website, Services and any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, FRIYAY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. friyay will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, Services, or any Content. You also agree that friyay has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website and Services. We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from friyay or through the Website or Services, will create any warranty not expressly made herein.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRIYAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) 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 FRIYAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TOHAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability
The failure of friyay to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the province of Ontario without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between friyay and you regarding the Website and Services (excluding any services for which you have a separate agreement with friyay that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TipHive and you regarding the Website and Services.

We may revise these Terms from time to time, the most current version will always be at www.friyay.io/terms. If the revision, in our sole discretion, is material we will notify you via an update or e-mail to the email associated with your account. By continuing to access or use the Website and Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at: [email protected].

Effective Date: January 1, 2019

About Us
Friyay (“we”/”us”) provides the website, www.friyay.io and mobile application (the “Website”) to help you organize your team and projects (the “Services”). Your privacy is important to us so this privacy policy provides important information about how we collect, store, use and distribute information about our users.

Please note that your use of the Website and the Services is also governed by our Terms and Conditions.

Consent
By using the Website and/or the Services, you consent to the use and disclosure of your Personal Information (as defined below) on the terms of this Privacy Policy. Your Personal Information will not be disclosed or used for any other purpose without your consent. You can withdraw your consent at any time but withdrawing consent may result in your inability to continue using the Website and/or the Services.

Important Exception to Consent. We may disclose your Personal Information to a third party without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Website and/or Services or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We may also be required to disclose Personal Information when your actions violate or appear to violate our Terms and Conditions.

Personal and Non-Personal Information.
“Personal Information” means information about an identifiable individual, such as your name, age, gender, e-mail address, location, telephone number. Only Personal Information is governed by this Privacy Policy and you agree that we are not subject to any restrictions in respect of our use or disclosure of Non-Personal Information (such as anonymised data or IP addresses) which we collect as a result of your use of the Website and/or the Services.

Collection and Use of Information
We collect and use Personal Information for the main purpose of providing the Website and the Services to you. More specifically, we use your information for identification and authentication purposes, for service improvement and to address issues like malicious use of the Services. We may also use information received through the Website to manage your account and to advise you about current and future services.

In order to access the Services and certain sections of the Website, you will be required to become a registered user by filling out an electronic registration form which will require your name, email address and any other information you to decide to provide to us.

Transactional Notifications.
We also provide notifications for the activities you engage in on the Website such as unsubscribing, registration confirmations, notifications and confirmation of account setting changes. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.

System Logs.
We record information, like your IP address and the pages you’ve requested, on our system logs from your browser and through the use of cookies. Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.

We use this to:
· Diagnose problems and any issues reported by other users that are related to the IP addresses controlled by specific parties
· Gauge how many users are visiting the Website from different geographical regions and using the Services as their Go-To community.
· Trace back the source of any malicious or illegal use of the Services so that we can more easily track and disable such usage as it arises.

Cookies are small files that collect usage data about use of the Website and Services. We don’t use cookies to collect Personal Information about you. By going into the options section of your Internet browser, you can instruct your Internet browser to turn off cookies.

If we plan to use your Personal Information in future for any purposes other than those identified above, we will only do so after informing you by updating this Privacy Policy.

Disclosures and Transfers
We may share your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates") that we may have now or in the future, in which case we will require them to honor the terms of this Privacy Policy.

We currently disclose Personal Information in connection with the following:

Third Party Services. From time to time we may employ trusted third parties to help us manage and improve the Website and Services. Some of the roles they fulfill for us may include hosting, data storage, maintenance of the Website and marketing. These third parties may have limited access to databases of Website user information solely for the purpose of carrying out their functions and they will be subject to contractual restrictions prohibiting them from using the information about our users for any other purpose. The Website and Services are run and hosted by a third party based in the USA. We have appropriate contractual arrangements with our hosting provider but you acknowledge that based on location, your Personal Information may be available to the U.S. government or its agencies under a lawful order made in that country, irrespective of the safeguards we have put in place for the protection of your Personal Information.

Transactional Transfers. We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information. We may also disclose Personal Information in connection with the negotiation of any of the foregoing transactions (including for due diligence activities in respect of such transactions) provided that any such disclosure is done pursuant to a written confidentiality agreement with the entity with whom we may transact. We may disclose Personal Information in some other limited circumstances, but we will specifically describe them to you when we collect the information, or when required, such as in the terms of use for new service capabilities.

Others' Information
You may choose to provide us with another person's e-mail address so that person may be invited to create an account on the Website. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person's e-mail address, you represent to us that you have obtained the consent of the person concerned as regards such disclosure to us of their personal information. All invitees are provided with the option not to receive further invitations. We may disclose such information if required to do so in order to comply with legal process, as described above.

Security
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment.

Our Commitment. We follow industry standard measures designed to protect Personal Information that you provide to us. Where there has been a breach of security or confidentiality, we will respond appropriately including making any legally-required disclosures and putting in place measures necessary to restore the integrity of our systems. We also don’t share your email address and other Personal Information you provide only to us with any 3rd party without your consent.

Your Obligations. You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and remember to log out of your account and close your browser window when you have finished using the Website or Services, so that other people using the same computer will not have access to your Personal Information. In addition, if you post Personal Information on the Website that is accessible to other users, you acknowledge that you may receive unsolicited messages from these parties. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot guarantee that your Personal Information will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Amendment of this Policy
We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the Website. Any nonmaterial change (such as clarifications) will become effective on the date the change is posted and any material changes will become effective thirty (30) days from their posting on the Website. Once a new Privacy Policy becomes effective, it will apply to all Personal Information submitted by you or collected about you both before and after the date such new Privacy Policy took effect. The date on which the latest update was made is indicated at the end of this document. We recommend that you this policy from time to time to ensure you are aware of any changes. Your continued use of the Website and Services signifies your acceptance of any changes.

Access and Accuracy
You have the right to access the Personal Information we hold about you in order to verify the accuracy of that information. You can access a copy of the information we hold about you by going into your account on the Website. If you make a written request to us to provide further details of what Personal Information we hold about you, we will provide you with a copy of your Personal Information. In certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all such requests for access in a timely manner. Having accurate Personal Information about you enables us to make the Services better. We will make every reasonable effort to keep your Personal Information accurate and up-to-date. You can change your own information at any time using the account preferences link once logged into the Website. You can also delete your friyay account at any time from your account page however some identification and contact information will remain in our records (see Retention below).

Retention
We will keep your Personal Information for as long as it remains necessary for the operation of the Website and Services or as required by law, which may extend beyond the termination of our relationship with you. In general, once you inform us that you no longer wish to use the Website or Services, we will delete your records from our systems as soon as we can.

Contact Us
You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: [email protected].

Compliance
We take compliance with privacy laws seriously and if you have a complaint concerning our compliance we will investigate your complaint and if it is justified, we will take appropriate measures.

Date: January 1, 2019