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Terms of Service

Terms and Conditions

Last updated: December 4, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate: Any entity that controls, is controlled by, or is under common control with another party, where "control" means ownership of 50% or more of the shares, equity interests, or voting rights.

Country: The United States.

Company: Mea Hana, Inc., 300 Main Street, Suite 21 #704, Madison, NJ 07940. Also referred to as "the Company," "We," "Us," or "Our."

Device: Any electronic device capable of accessing the Service, such as a computer, tablet, or mobile phone.

Feedback: Any feedback, suggestions, or ideas you provide regarding the Service's performance, features, or functionality.

Service: Refers to the SaaS platform, associated websites, and subscription services provided by the Company.

Subscription: A paid, recurring service provided by the Company that gives you access to certain features or services on a subscription basis.

Terms and Conditions: These Terms, which form the entire agreement between you and the Company.

Website: The official Mea Hana website, accessible at http://www.meahana.io.

You: The individual or legal entity accessing or using the Service. This includes users who access the Service on behalf of a company or organization.

Acknowledgment

By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, including the AI Features Addendum. If you do not agree with any part of these Terms, you may not access or use the Service.

You represent that you are over the age of 18 and legally capable of entering into a binding contract. If you are under 18 years of age, you are not permitted to use the Service.

Your access to and use of the Service is also conditioned upon your acceptance of our Privacy Policy, which outlines our policies on the collection, use, and protection of personal data. Please review our Privacy Policy carefully before using the Service.

Subscription Service and Orders

When you subscribe to Our Service, you warrant that you are legally capable of entering into binding contracts. You will be asked to provide information such as your name, email, payment details, and billing address.

You represent and warrant that:

  1. You have the legal right to use any payment method in connection with your Subscription; and
  2. The information you provide is accurate and complete.

By submitting this information, you give us the right to provide it to third-party payment processors for the purpose of completing your Subscription.

Subscription Cancellation

Our Right to Cancel

We reserve the right to refuse or cancel your Subscription or service order at any time, including but not limited to the following reasons:

  • Service Availability: If the Service, or specific features, become unavailable.
  • Errors in Description or Pricing: If we discover errors in the pricing or description of the Service after you have placed your order.
  • Errors in Your Order: If you provide incomplete or inaccurate information during the ordering process.
  • Suspected Fraud or Unauthorized Transaction: If we suspect fraudulent activity or illegal transactions associated with your account.

If we cancel your Subscription, you will be notified, and any payments made for services not rendered will be refunded.

Your Subscription Cancellation Rights

You have the right to cancel your Subscription at any time in accordance with our Cancellation Policy. Depending on the timing of your cancellation, different refund policies apply.

  • Before Activation: If you cancel before activating the Service, you will receive a full refund.
  • During Trial Period: If your Subscription includes a free trial period, you may cancel within the trial period without incurring charges.
  • After Activation or Trial: Once the Service is activated or the trial period ends, you may still cancel your Subscription at any time. However, no refunds will be issued for the current billing cycle, and you will retain access to the Service until the end of the billing period.

Auto-Renewal and Cancellation Reminders

Your Subscription will automatically renew on an annual basis unless either party provides notice of non-renewal within thirty (30) days of the anniversary date of this Subscription. If You cancel, Your Subscription will remain active until the end of the current billing cycle.

Non-Refundable Services

Refunds will not be provided for:

  • Custom Services: Any personalized services tailored to your specific needs.
  • Digital Content Delivery: Any digital content or features provided once performance has begun with your express consent and acknowledgment of your loss of cancellation rights.

Errors and Inaccuracies

We are constantly updating our Service offerings. Despite our best efforts, the Subscription services available on our platform may contain errors or inaccuracies, such as incorrect pricing or descriptions.

We reserve the right to correct any errors, update information, and make changes at any time without prior notice, even after you’ve placed an order. If this affects your Subscription, we will notify you as appropriate.

Prices Policy

The Company reserves the right to modify its prices at any time prior to accepting a Subscription.

In rare cases, external factors beyond our control (such as changes in regulations, taxes, or third-party costs) may require a price adjustment after your Subscription has been confirmed. In such cases, you will be notified, and you will have the option to cancel your Subscription before the new prices take effect.

Payments

All Subscriptions are subject to a one-time or recurring payment, depending on the billing cycle you choose (monthly, annually, etc.). You can pay through various payment methods we accept, such as Apple Pay, Visa, MasterCard, Discover, American Express and ACH.

If a payment method fails, we will issue an invoice and request that you manually complete the payment.

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Publicity

Neither party may publicly announce this Agreement except with the other party’s prior consent or as required by Laws. However, Meahana may include Customer and its trademarks in Meahana’s customer lists and promotional materials but will cease this use at Customer’s written request.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at support@meahana.io.

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