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These Terms of Use ("Terms") govern your use of “FyDa” mobile application (the "Platform") made available by FyDa Limited ("Company", "we", "us" and "our"), a private company established under the laws of Hong Kong. These Terms regulate your use of our site https://fyda.io and/or our app. Please read them carefully before continuing to use our site and/or downloading our app.
When you use our Platform, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from Hong Kong. If you wish to use our Services, please ensure that you are permitted to do so in your jurisdiction and you would need to comply with your local laws.
Consent
By continuing to Use Our Site and/or downloading Our App, you acknowledge and agree that you have read, understood, accepted and agreed with these Terms.
You acknowledge and agree that if you did not positively agree to these Terms then we are unable to, and do not intend for you, to have access to Our Online Tools and any content and/or Services that comprise and/or are offered therein.
Parties
FyDa Limited, a private company limited by shares registered in Hong Kong under Company Registration Number 3122978 with its registered office at NO. 5, 17/F, STRAND 50, 50 BONHAM STRAND, SHEUNG WAN, HONG KONG.
We are the owner and/or licensor of the Online Tools and are in the business of providing the Services in Hong Kong and, going forward, other countries outside of Hong Kong.
You are the natural person who has downloaded Our App and/or who is presently visiting Our Site in Your own individual capacity and/or on behalf of Your company («You», «Your», «Yours»). The terms "you" and "your" refer to the user of the Platform.
Terms & Conditions
You acknowledge and agree that these Terms & Conditions (T&Cs) strictly govern your access to and Use of the Platform including access to the Services that we offer, and may offer, from time to time via the Platform.
By Using the Platform, You acknowledge and agree that You:
accept these T&Cs;
shall at all times comply with these T&Cs; and
accept Our Privacy Policy found at https://fyda.io/privacy
If You do not accept and agree to these T&Cs, You acknowledge and agree that You should:
immediately exit from and not Use Our Site; and/or
not download Our App, or if You have already done so, then delete it from Your device.
Our Platform is dynamic and the services that we provide may change resulting in a temporary, or permanent cessation of some or more products or services, at the discretion of FyDa.
We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
Subject to Clauses 5.2 and 5.3 and your compliance with these T&Cs, we hereby grant you a revocable, royalty-free, non- exclusive, non-transferable licence to Use:
the platform and the Services facilitated by the same;
any content, information and related materials that may be made available through the platform;
the Services for Your professional purposes and/or own personal use; and
the platform strictly in compliance with these T&Cs.
Clause 5.1 is strictly conditional on You ensuring that You shall not (and shall not permit anyone else to):
alter, modify or adapt all or any part of the Services in any way;
remove any copyright, trademark or other proprietary notices displayed on the platform;
Use any part of the content on the platform for commercial purposes without obtaining a licence to do so from Us or Our licensors;
modify the paper or digital copies of any materials You have printed off or downloaded in any way;
try to gain access to any other area of the platform by hacking, password
«mining» or any other illegitimate means;
pretending You are or impersonating another individual; or
using the platform or any services or content for any unlawful activity and/or activity prohibited by these T&Cs, including developing, offering or engaging in the performance of similar or competing services.
Where You have downloaded Our App, We give You a right to Use Our App on a mobile device on a mobile device that You own, control or use, subject to
these T&Cs and any usage rules set out in the terms of service of the supplying app store.
Your right to Use will start when You have downloaded the App and log on for the first time and will continue until ended in accordance with the provisions of these T&Cs.
Where You breach these T&Cs, Your right to Use the Platform shall cease immediately.
The licence to Use the Platform in Clause 5.1 applies to:
You acting in Your individual capacity as a natural person;
Your company on behalf of whom You are legally authorised to act, such company being as indicated in the Account Information; and
You act in Your individual capacity as a director or shareholder of the company referred to in Clause 5.6.
Services
Our Services includes all of FyDa’s products, features, applications, services, technologies and software. Services include the following:
Any User Content will be considered non-confidential. You must not post any User Content or transmit to us any User Content that you consider to be confidential or belonging to third parties, or in violation of applicable laws.
When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
You grant us worldwide, royalty-free, sublicensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. You also grant us a perpetual licence to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and in any/all media or distribution methods (currently known or later developed).
To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and licence to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from FyDa if your data is used by us for marketing, advertising, or improving our Services.
While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms as well as for purposes as mandated by applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limited to, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
You acknowledge that, except as specifically permitted by us in these Terms or in any another agreement you may enter into with us, you have no right to receive any income or other consideration from any content that you publish on the Platform or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.
If you are a composer or author of a musical work and are affiliated with a performing rights organisation, then you must notify your performing rights organisation of the royalty-free licence you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant performing rights organisation’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain consent from such music publisher to grant the royalty-free licence(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us.
Authoring a musical work (e.g., wrote a song) does not necessarily give you the right to grant us the licences in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Our Platform lets users upload or post or otherwise make available content through the Platform including and without limitation, any photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content").
When you publish any User Content on the Platform, you retain ownership rights in that content you had to begin with. However, once the content is uploaded on to our platform, you grant us a licence to use that content.
We use the information we have, to study our Service and collaborate with third parties for research purposes in order to make our Service better and contribute to the well-being of our community.
User Accounts
Our Platform enables you to upload images, videos, music, status updates, and more with the goal of democratising user-generated content.
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such an entity to these Terms and effectively "you" and "your" shall refer to the company.
To gain access to and/or purchase any Services, You acknowledge and agree that You are required to register for and maintain a User Account.
To register for a User Account, You are required to be at least 18 years old and must provide Us with the required Account Information.
You represent to Us that:
the Account Information that You provide to Us is accurate, complete, valid (where applicable) and that You will maintain it in such condition on an ongoing and continuous basis; and
where You are Using a User Account on behalf of a company, You have the requisite legal authority to do so.
You acknowledge and agree that a breach of Clause 7.3 shall result in the termination of these T&Cs and immediate termination of Your right to Use the Platform and/or Services.
User Account Security
You shall at all times maintain the security and secrecy of Your Account Information and the username and password of Your User Account.
You shall not authorise any Third Party to use Your User Account. You may not assign or otherwise transfer Your User Account to any other natural person or legal entity.
You shall be responsible for all activity that occurs under Your User Account, unless You provide sufficient evidence to Our reasonable satisfaction that Your User Account has been the subject of unauthorised use.
Updates to Our App may be issued periodically through the supplying app store. For some devices, updates will be downloaded automatically. If this does not happen, You will need to download the update Yourself.
Use of Service
To use our Service, you simply need to run the FyDa mobile application on your mobile phone.
You can register using your mobile number or through third party services such as your Apple ID, Facebook, or your Google ID. We may add other third party services to enable
registration from time to time. You can also verify yourself using a One-Time-Password sent by us via SMS to your phone number.
We also allow you to download content that is available on our Platform and share your FyDa experience across social media platforms.
In order to provide Services to you, we need to access certain features of your mobile device.
Safety
Our aim is to foster a positive and inclusive community within a safe and secure environment for all users. For this, we need you to agree that:
You will not use the Services for any purpose that is fraudulent, misleading, illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not post content that can be considered to infringe any Intellectual Property rights of any third party.
You will not falsely represent yourself as another person or representative of another person to use our Services.
You will not use or attempt to use another user’s account, username, or password without their permission.
You will not solicit login credentials from another user.
You will not post content that may be considered as harmful to minors. Please refer to the FyDa Content and Community Guidelines regarding the same.
You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not post any content that in any way or form threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You will not encourage or promote any activity that violates these Terms.
You will not circumvent any feature, action, measure, or policy implemented/ imposed by us. For example, in the event you are banned from using the Services, you will not try to circumvent any account suspension or similar measures we may take against you.
Privacy Policy
FyDa Privacy Policy explains how we collect, use, process, share and store the information collected. FyDa Privacy Policy also details your rights under law and how you may control the data you provide to us.
Warranties
Providing a safe and secure Service for a diverse community requires that we all do our part. Please note that you will solely bear the costs and consequences of any actions taken by you on the FyDa Platform (including any violation of these Terms) along with the commitments given by you below. By using our Services, you warrant and represent to Us as at the agreement date and at all times during the validity of this agreement that:
No False Information Will Be Provided
Your Account Information is accurate and correct and We may rely on it without further enquiry. You will not falsely represent yourself as another person or representative of another person to use our Services.
Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety.
Content Removal and Termination
Your usage of our Platform is governed by the FyDa Content and Community Guidelines. If any of our users report your content which violates the FyDa Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the FyDa Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at grievance@fyda.live
Any content in violation of the FyDa Content and Community Guidelines will be removed immediately.
Platform Not to be Used For Anything Unlawful or Illegal
The Platform shall not be used to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any persons or violates any laws of Hong Kong. We reserve the right to remove such content. Please read the FyDa Content and Community Guidelines for further details.
Please note that we may share your information with appropriate law enforcement authorities in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues.
You Will Not Attempt to Disrupt or Jeopardise FyDa services
FyDa is a community-driven platform. You agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. You will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we will terminate your user profile and ban you from using our services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal action.
The Platform and services and all rights therein are and shall remain Our property or the property of Our licensors. Neither these T&Cs nor Your Use of the platform shall convey or grant to You any rights in or related to the Platform except for the limited licence granted in Clause 5.1
All content and functionality on the Platform is the exclusive property of Us or Our licensors and is protected by the law of Hong Kong and international intellectual property laws.
We do not control what people post on our Platform but we expect everyone to comply with the FyDa Content and Community Guidelines. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms. This includes when we delete your content, information, or account.
We shall not be liable to You for:
any loss or damage of any nature whatsoever whether direct, indirect or consequential caused or arising under or in connection with Your Use of, or inability to Use, the Platform; or
any information published on linked websites, contained in any user submissions, or provided by Third Parties.
any damages, liability or losses arising out of:
Your Use of or reliance on the Services made available via the Platform or Your inability to Use the Platform and/or access the Services (as the case may be);
any failure to provide the Platform and/or the Services, in part or in full, due to abnormal and unforeseen circumstances beyond Our control, including phone network failures or You being out of mobile coverage; or
any transaction or relationship between You and any Third Party provider associated with the provision of the Services.
The Platform and Services are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
The Platform may contain links to independent Third Party websites and/or applications and may also contain content supplied by independent Third Parties.
You acknowledge and agree that Third Party websites and/or applications are:
not under Our control and We have no responsibility for nor do We endorse their content; and
governed by their own terms and conditions and privacy policies and access to them is at Your own discretion.
You acknowledge and agree that certain Services accessible via the platform are provided and/or fulfilled, either in whole or in part, by Third Parties.
In relation to Clause 15.3, You acknowledge and agree that:
such Services may be made available or accessed in connection with Third Parties We do not control;
different terms of use and privacy policies may apply to Your use of such Third Party services and content; and
We do not endorse such Third Parties services and shall in no event be liable for any products and/or services of such Third Party providers.
You grant us the right to process, store and retain information relating to you and provided by you. Please see the Privacy Policy for further information. You accept these Terms and give us the following permissions:
In order to maintain the viability of the Platform in a freely accessible and usable manner, we may share any data that we may collect including but not limited to your username, profile pictures, your usage and engagement habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.
If we share any sensitive personal information (as defined under the applicable laws) we will ask you for your consent prior to sharing the same.
Automatic Downloads and Updates
We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the FyDa mobile application to your mobile device and update it from time to time.
Applications and software are constantly updated for your use and you will need to install the latest version of the FyDa mobile application to your mobile device each time such update is generated.
Permission to Use Cookies
We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.
Data Retention
We shall have the right to retain certain information regarding your usage of the Platform. Please view the FyDa Privacy Policy for further information relating to the collection, processing, storage and use of your information by us.
Termination
We may, in Our sole and absolute discretion and at any time, terminate Your use of Your User Account.
You may delete Your User Account at any time.
Upon termination of these T&Cs for any reason:
You shall remove Our App from Your mobile device; and
You shall destroy all copies of Our App including all components of it in Your possession; and
all rights You have in respect of Our App will immediately end.
You must delete Our App from Your mobile device where You change Your mobile device or dispose of it.
You can register an appeal and add comments to substantiate your appeal by sending an email to grievance@fyda.live with your concern or complaint
You may also contact the Grievance Officer in relation to the following policies, or any other concerns that you may have with respect to:
FyDa Terms of Service
FyDa Privacy policy
Questions about your account
Indemnification
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
your access to or use of the Platform and Services;
any breach by you of your obligations under this Agreement;
your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
your negligence or willful misconduct.
This obligation will survive the termination of our Terms.
General Provisions
You acknowledge and agree that We may revise these T&Cs at any time without any need to formally notify You.
In accepting and agreeing to these T&Cs, You hereby warrant and represent to Us that You have the lawful capacity and authority needed for You to do so.
Both You and We shall comply with all applicable law.
We may, in Our sole and absolute discretion and at any time, modify, suspend or terminate operation of our platform (or any part thereof) and the Services.
Neither You or We shall be liable to the other (as the case may be) for any delay or non-performance of Our obligations under these T&Cs as a direct result of an established Force Majeure Event.
You may not assign, novate, or otherwise transfer all or any of Your rights, benefits or obligations under these T&Cs without Our prior written approval
We may assign, transfer or deal in any way with Our rights under these T&Cs including to an affiliate or any Third Party.
No failure to exercise, nor any delay in exercising, any right, power or remedy under these T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.
If any provision of these T&Cs is determined to be invalid, illegal or void by any court or administrative body of competent jurisdiction, these T&Cs shall be deemed modified to the minimum extent necessary to make them valid and enforceable.
You and We are and shall remain independent parties and neither You nor We shall have, or represent Ourselves to have, any authority to bind the other party to act on Our behalf.
Nothing in these T&Cs shall be construed to make either You or We an agent, employee, franchisee, joint venturer or legal representative of the other party.
Except as expressly stated, these T&Cs do not create any rights that are enforceable by any Third Parties. You acknowledge and agree that only the following people have rights under these T&Cs:
You;
Us; and
the operator of the app store from which You downloaded Our App, where applicable.
All notices under these T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In Our case, please send it to dev@fyda.live
These T&Cs are drawn up in the English language and the English language version of the same shall always prevail over any translation. These T&Cs shall be construed, interpreted and administered in English.
These T&Cs are governed by, and shall be construed in accordance with, the law of Hong Kong.
Both You and We irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any disputes.
