Hicya

Terms of Service

Effective Date: January 1, 2024

Welcome to the services provided by Hicya, Inc. ("Hicya," "we," "us," or "our"), a corporation organized under the laws of the State of New York, with its principal place of business in New York, NY. These Terms of Service ("Terms") govern your access to and use of our websites, applications, and services (collectively, the "Services").

1. Service Description

Hicya builds and distributes free software. Our flagship product is Vexling, a puzzle platform that enables users to create, share, and solve puzzles. We may offer additional products and services from time to time, all of which are subject to these Terms.

Our software is provided free of charge. While we strive to maintain high-quality, reliable services, the free nature of our offerings should be taken into account when evaluating service expectations.

2. Acceptance of Terms

By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions set forth herein, you must not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. User Accounts and Authentication

Certain features of our Services may require you to create an account. You may register using an email address and password or, at your option, through a third-party OAuth provider (such as Google or GitHub). By authenticating through a third-party provider, you authorize us to access certain information from that provider in accordance with their terms and our Privacy Policy.

You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activity that occurs under your account.
  • Notifying us immediately of any unauthorized access to or use of your account.

4. User Content and Intellectual Property

Our Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to puzzles, text, images, and other materials ("User Content"). You retain ownership of any intellectual property rights you hold in your User Content.

By submitting User Content to the Services, you grant Hicya a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Services.

All Hicya trademarks, service marks, logos, and trade names are the property of Hicya, Inc. Nothing in these Terms grants you the right to use any Hicya branding without our prior written consent.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable local, state, national, or international law or regulation.
  • Infringing upon the intellectual property or proprietary rights of Hicya or any third party.
  • Uploading or transmitting viruses, worms, malware, or any other malicious code.
  • Attempting to gain unauthorized access to any portion of the Services, other accounts, or connected systems.
  • Interfering with or disrupting the integrity or performance of the Services.
  • Harvesting, collecting, or scraping user data without explicit consent.
  • Using the Services to send unsolicited communications or spam.
  • Impersonating any person or entity, or misrepresenting your affiliation.
  • Using automated means (bots, scrapers, crawlers) to access the Services without our express written permission.
  • Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services.

6. Service Availability and Modifications

We strive to keep the Services available at all times, but we do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HICYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL HICYA'S TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO HICYA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in the State of New York.

9. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, you and Hicya agree to first attempt to resolve the dispute informally by contacting us at hi@hicya.org. We will endeavor to resolve the dispute within thirty (30) days.

If the dispute cannot be resolved informally, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in New York, NY. You agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action.

10. Changes to Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of such changes.

11. Contact

If you have any questions about these Terms of Service, please contact us at:

Hicya, Inc.
New York, NY
Email: hi@hicya.org