By indicating your acceptance of these terms and conditions, you ("Subscriber") acknowledge and agree to be bound by the provisions of this agreement for the use of features and services provided to you on this site, ("services") provided by Hello Entertainment SH.P.K., Inc. If you are not willing to be bound by these terms and conditions do not use any of the applications, products or services provided by Hello Entertainment SH.P.K. By using any of Hello’s services, you agree to be bound by the following terms and conditions. 
In response to the Children's Online Privacy Protection Act ("COPPA") we require that subscriber be at least 18 years old to use Hello's services.


GRANT OF RIGHTS TO USE SERVICES

NO 911 OR EMERGENCY SERVICE
You acknowledge and understand that Hello does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your Hello service and devices used to access Hello that they must access these numbers directly through a traditional landline or mobile phone. Hello is not intended to replace your primary phone service, such as traditional landline or mobile phone.


ACCEPTABLE USE OF SERVICE
You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Hello reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud, Hello may monitor customer’s activities.


Hello'S PROPRIETARY RIGHTS

SUBSCRIBER REGISTRATION

TERMINATION

WARRANTY DISCLAIMER

LIMITATION OF LIABILITY
IN NO EVENT SHALL Hello BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. Hello'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.


INDEMNIFICATION
Subscriber shall indemnify and hold harmless Hello, its subsidiaries, directors, officers, employees, distributors and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.


INTERNATIONAL USE
Hello makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.


MODIFICATION TO SERVICES

MODIFICATION TO AGREEMENT
Hello reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.

RULES AND REGULATIONS

Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:

RECORDING CONVERSATIONS
Hello provides a function that allows Subscriber to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. Subscriber is responsible for applying the local laws in the relevant jurisdiction when using this feature.


COMMUNICATIONS WITH Hello
Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Hello. Such information shall be deemed non-confidential and Hello assumes no obligation to protect such information from disclosure. The submission of such information to Hello shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by Hello for any purpose whatever. Hello shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against Hello for alleged infringement or misappropriation in connection with any information or materials submitted to Hello hereunder.


In App Purchases.
From time to time, Hello may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Hello (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Hello application from your device. Deleting your account on Hello or deleting the Hello application from your device does not cancel your subscription; Hello will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

BILL PAYMENT
Subscriber may be required to pay monthly subscription charges, enhanced service charges, and/or usage charges in connection with the Services, as stated by Hello. There may be additional fees if Subscriber requests a change in any Services. Depending upon the level of Services selected by Subscriber, there may be charges for calls to or from certain locations, including without limitation payphones, calls placed, and areas within extended calling zones. There may also be applicable taxes, surcharges, assessments, government fees and charges for any special or enhanced services Subscriber uses. Any of the foregoing may be billed to Subscriber when they reach a limit as Hello determines at its sole discretion. 
Hello will charge Subscriber the rates in effect under Subscriber's subscription plan, plus any enhanced service charges at the time of subscription, as such rates may be updated by Hello from time to time. Some charges (such as, but not limited to, surcharges) may accumulate in Subscriber's account before Subscriber is charged for such amounts, or such amounts may be charged to Subscriber as assessed. If Subscriber has enrolled in a then-current subscription plan and chooses to change the plan, and if there are one or more days remaining on Subscriber's current subscription, Subscriber will be credited for those days in the calculation of Subscriber's charges. Subscriber's billing cycle starts on the day the subscription purchase is successfully processed. If there is a change in subscription plan, there may be a resulting change in Subscriber's billing date. 
Users may purchase prepaid credits to be used for Hello services as described on the Website. Hello will not offer any refunds or reimbursements for the purchase price of such prepayments. Unused balances shall expire six (6) months from the most recent date of use, and may not be transferred. Usage of minutes is billed in one minute increments. Minutes are deducted for inbound calls and per minute charges shall accrue for outbound calls. Prepaid credits are billed at the time of purchase. If Subscriber selects "Auto-Recharge", such credits are automatically purchased and charged to Subscriber when the available balance reaches a threshold, determined by Hello in its sole discretion. 
A maintenance, storage, connection or any other daily, weekly or monthly or per call fee may be deducted from your pin or plan, and result in a lower available balance. These fees are to maintain the account including service, and any recordings that you may save. If you have less than $1 remaining balance, you will only be deducted whatever you have left on your PIN. If your card is depleted and no longer has a balance, we do not bill you in any way, nor do we charge your credit card. 
Hello's rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making or excepting any calls using our service. 
There is a 90-cent surcharge assessed on calls made from the following locations: (1) Payphones, (2)Hotels, (3)Dormitories, (4) Hospitals, and (5) Other commercial phone lines. This surcharge covers charges imposed by the Federal Communications Commission to compensate owners for the use of their facilities to originate a phone call. Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number), Hello is still charged by the payphone operator for the toll free call. Hello has included the average cost of these incomplete calls in this fee. 
If Subscriber changes Subscriber's Services from a billed plan to a free plan, Subscriber will be billed through the end of the billing cycle in which such a change is made.
Subscriber agrees that all payments will be made to Hello via credit or debit card, issued by a US bank, including MasterCard, VISA, AmericanExpress, or Discover. Hello may change the credit cards accepted at any time, at its sole discretion. Subscriber's name and address as it appears on Subscriber's Hello account must also be on the credit account from which Payment is made. If Subscriber provides a credit card number that Hello accepts for payment of Subscriber's monthly bills, Subscriber is authorizing Hello to charge the amounts Subscriber owes, then or later, to that credit card account and to demand immediate payment from the card issuer. Subscriber also agrees to pay, under the terms of Subscriber's agreement with the card's issuer, the amounts charged to Subscriber's credit card. Every time Subscriber uses Hello Services, Subscriber re-affirms that Hello is authorized to charge Subscriber's card. Subscriber agrees to authorize Hello to charge purchases made online to the credit card account supplied to Hello when the subscription was initiated, or the card that Hello has on file when the purchase is made. Subscriber agrees to pay all costs and expenses, including without limitation attorney's fees, incurred by Hello to collect any monies due under terms of this Agreement. 
You must notify Hello by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. Hello will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent Hello determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify Hello of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges. 
Hello recognizes that the person whose name is listed on the Account is the sole owner of the Account, even where payment on the Account is made using the credit card of a parent or other person.


GENERAL

 

Updated December 1, 2016.

© 2016 Hello Entertainment SH.P.K.