Terms of Service

Last Updated: January 2025

Please read these terms carefully before using our services

1. Acceptance of Terms

By accessing, browsing, or using any websites, mobile applications, software, or services (collectively, the “Services”) provided by Haky LLC (“Haky,” “we,” “us,” or “our”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

Haky LLC provides technology solutions including but not limited to:

Mobile Applications: iOS, Android, and cross-platform applications including My Way Vacay, Haky Social, GuideMe, and Dinah
AI & Machine Learning Solutions: Custom AI implementations, voice AI platforms, and intelligent automation systems
Custom Software Development: Web applications, enterprise solutions, and SaaS platforms
Cloud Services: Infrastructure management, DevOps, and cloud architecture
Consulting Services: Technology strategy, training, and implementation support

3. User Accounts and Registration

3.1 Account Creation: To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Account Eligibility: You must be at least 13 years old to create an account. If you are under 18, you must have parental or guardian consent.

4. Intellectual Property Rights

4.1 Ownership: All content, features, functionality, software code, designs, graphics, interfaces, trademarks, logos, and other materials provided through our Services are owned by Haky LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes.

4.3 User Content: You retain ownership of any content you submit, post, or display through our Services. By submitting content, you grant Haky LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing and improving our Services.

5. Acceptable Use Policy

You agree NOT to use our Services to:

Violate any applicable local, state, national, or international law or regulation
Infringe upon or violate our intellectual property rights or the rights of others
Transmit viruses, malware, or other harmful code
Harass, abuse, threaten, or intimidate any person
Impersonate or attempt to impersonate Haky LLC, our employees, or other users
Interfere with or disrupt the Services or servers/networks connected to the Services
Attempt to gain unauthorized access to any part of the Services, other accounts, or systems
Use automated systems (bots, scrapers) to access the Services without permission
Collect or harvest personal data of other users
Use the Services for any commercial purpose not expressly authorized by us

6. Payment Terms (For Paid Services)

6.1 Fees: Certain Services may require payment of fees. All fees are stated in U.S. Dollars unless otherwise specified.

6.2 Billing: You agree to pay all fees associated with your use of paid Services. Fees are non-refundable except as required by law or as explicitly stated in a separate agreement.

6.3 Subscription Services: For subscription-based services, your subscription will automatically renew unless you cancel before the renewal date.

6.4 Price Changes: We reserve the right to modify pricing with 30 days’ notice for existing customers.

7. Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Haky LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Haky LLC shall not be liable for any damage or loss caused by your use of any third-party services.

8. Disclaimers and Warranties

8.1 “AS IS” Basis: OUR 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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantee: We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

8.3 Data Loss: We are not responsible for any loss of data or content. You are responsible for backing up your own data.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAKY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Haky LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Termination

11.1 Termination by You: You may terminate your account at any time by contacting us or through account settings.

11.2 Termination by Us: We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms.

11.3 Effect of Termination: Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution and Arbitration

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

12.2 Informal Resolution: Before filing a claim, you agree to contact us at legal@haky-llc.com to attempt to resolve the dispute informally.

12.3 Arbitration: Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association’s rules, except where prohibited by law.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will 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 Services after revisions become effective, you agree to be bound by the revised terms.

14. Miscellaneous

14.1 Entire Agreement: These Terms constitute the entire agreement between you and Haky LLC regarding the Services.

14.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions will remain in full force and effect.

14.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms.