Terms of Service ("Terms")
Last Updated: 1st of July 2022
"We", "us", "Company" means HYVOR. "Service" and "Site" means Hyvor Talk.
Our GDPR Data Processing Agreement (DPA) forms part of these Terms of Service.
APPLICATION OF TERMS
These Terms apply to your use of the Service. By using Hyvor Talk (https://talk.hyvor.com) as a
- Website Owner (direct customer)
- Commenter (comments on websites that use the Service)
- Visitors (visits websites that use the Service)
you agree to these terms, and where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
Before using any of the Features, you must first agree to these Terms. By accessing the Features or by otherwise using them, you expressly confirm that you fully and irrevocably agree to these Terms.
We reserve the right, at our sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You will be deemed to have accepted all modifications and revisions of the Terms by continuing to use all or part of the Features.
The Service is operated, the License is granted, and Features are offered by HYVOR EURL, a limited liability company in France (entreprise unipersonelle à responsibilité limitée) registered at 11 RUE CARNOT 94270 LE KREMLIN-BICETRE FRANCE under the number 914168042.
Hyvor Talk can be embedded on any website within the following conditions:
- Website must be legal in the jurisdiction it operates and in France.
- Website must not exploit or endanger children in any way.
- Website must not promote pornography.
- Website must not promote violence, criminal acts, terrorist activity, human trafficking, mass murdering, and similar violent activities.
Websites that does not comply with our eligibility guidelines will be given 7-days notice and will be banned. If you have any questions about eligibility, contact us at [email protected].
Spam is irrelevant or unsolicited comments made on a single or multiple websites in our network for the purposes of advertising, phishing, spreading malware, etc. Hyvor Talk will automatically detect using Machine Learning, and remove spam comments on websites. Website owners have the option to turn off automatic spam detection.
We do not enforce any rules for commenters at the Service level. Each website must enforce their own rules and policies (usually called "Commenting Policy") in accordance with the jurisdiction they operate in. Commenters must respect the rules provide by each website. The website owners and moderators have the right to delete any website from their website and ban a user or an IP address. It is the responsibility of the website owners to remove any unlawful comment (in their jurisdiction or ours).
We may interfere with moderation in case any law enforcement requests us to.
Comments published on Hyvor Talk are public. Therefore, commenters should not share sensitive information, such as passwords, credit card details, personal addresses, in comments. We do not take any responsibility of any comment or content shared through our platform.
Hyvor Talk is a subscription-based service. Website owners are required to pay the Fees to use the Service. The Fees vary based on the selected subscription plan. Features and plans are described on our pricing page. Pricing is shown excluding applicable VAT charges.
Hyvor Talk plans are based on the number of pageviews your website get. A pageview is counted each time the Hyvor Talk embed loads on your website. In case you exceed limits, we will notify you via email. You are only required to upgrade if you exceed the limits for two consecutive months.
You can switch between plans anytime. Both upgrading and downgrading will be prorated, and you will be billed immediately when changing the plan. We will show you the exact amount you'll be charged before you update the plan in the console.
You can ask for a refund either within 7 days after subscribing to a paid plan for the first time. within 3 days after changing a plan (we will only refund the prorated amount of the new plan).
We invite you to test our service in the trial period before subscribing to paid plans. Please contact us if you want to extend the trial for up to 30 days.
If your payments fail, you will receive an email notification with a link to update your payment details. If the payment fails after 4 attempts, your subscription will be cancelled automatically. You will need to recreate a subscription if you wish to continue using the Service.
Merchant of Record
Paddle.com works as the Merchant of Record, who resells our product to you. All charges in your card will have "PADDLE.NET HYVORTALK". Payments in PayPal may only contain PADDLE.NET. You can also contact Paddle.net for any payment related issues. Paddle will collect VAT charges and will remit it to tax authorities. See Paddle Terms.
The website owners own the comments and other related data of their website. They can export data anytime. We take required actions to make sure your data is safe and not shared with anyone without your consent.
Our Website or may provide links to other websites, applications or resources. Because HYVOR has no control over such websites, applications and resources, you acknowledge and expressly agree that HYVOR is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You understand and agree that Hyvor Talk shall not be liable to you for any direct, indirect damages of any kind, including but not limited to, damages for loss of property, profits, goodwill, use, data or other tangible or any other damages based on contract, tort, or otherwise (even if Hyvor Talk has been advised of the possibility of such damages), resulting from: the Service; the use or the inability to use the Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Service); any injury or damage to computer equipment; inability to fully access the Service, or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or any other aspect of the Features.
These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of France. Each party submits to the non-exclusive jurisdiction of the Courts of France in relation to any dispute connected with these Terms or the Service.