Hihaho Terms of Service

Welcome to hihaho. This website is owned and operated by hihaho interactive video. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and to respect the following Terms of Service, along with the terms and conditions as stated in our Privacy Policy.

These Terms of Service are in effect as of September 1, 2014.

Hihaho reserves the right to change these Terms of Service from time to time without notice. The Client acknowledges and agrees that it is her or his responsibility to review this document periodically to take note of any modifications. Client’s continued use of the hihaho Website and the Platforms after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

The document was screened and adjusted in view of the EU General Data Protection Regulation (GDPR) that came into force from May 25th, 2018. For more info, see:
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=EN

The particular rights of hihaho Users and End Users according to the GDPR are specified in the hihaho Privacy Statement, which together with the Terms of Service forms the hihaho User Agreement.

1. Definitions of Relevant Terms

Relevant terms used in this document are:

Account: See User Account.

API(s): Application Programming Interface(s), used to grant controlled access to (sub-)systems of the Application.

Application: hihaho interactive video as a SaaS application.

Client: Licensee and/or author using the Application.

Content: See User Content.

Educational License: A discounted license intended for schools or training institutes, the discount of which is valid for a limited period.

End User: Anyone who is allowed to watch interactive videos created using the Application, to be distinguished from User.

Platforms: The Platforms of hihaho, to be distinguished from the Website, namely https://studio.hihaho.com/ and https://player.hihaho.com/

Privacy Policy: The terms and conditions under which hihaho specifically organizes, executes, and controls its efforts to protect the privacy of its Users and End Users; together with the Terms and Conditions, hihaho’s Privacy Policy constitutes the basis of the User Agreement.

Resources: All of the information, tutorials, technical documentation, services, tools and API’s, provided, processed and/or produced either directly or indirectly by means of hihaho’s Website and Platforms.

Site: See Website.

Terms of Service: The terms and conditions under which hihaho provides its services to its Clients, as included in the User Agreement.

Tools: See Platforms.

User: Anyone who uses the Application as an author, to be distinguished from End Users.

User Account: Each account created on the basis of correctly following the online registration procedure; one should distinguish between paid and unpaid accounts.

User Agreement: The agreement between hihaho and its users, based on the Terms of Service and the Privacy Policy of hihaho.

User Content: materials, including but not limited to texts, images, audio materials, video materials, and audio-visual materials, that the Client or third parties acting at Client’s direction, submit to the Platform(s), for whatever purpose, including but not limited to, the creation of hihaho interactive videos.

Website: The Website of hihaho (https://hihaho.com), to be distinguished from the Plaforms.

2. Codes of Conduct

As a member of the Dutch Council for Training and Education (NRTO), hihaho is bound by the general Quality Requirements and the specific Codes of Conduct of this trade association, and is at all times addressable to these Codes of Conduct, i.e. in accordance to its principles of carefulness, legal certainty, reasonableness, reliability and knowability, upon which hihaho’s corporate standards are based.

3. Responsibility

By visiting the Website and accessing the Resources, the Client agrees to use these Resources only for the purposes intended as permitted by (a) the Terms of Service, (b) applicable laws, regulations and generally accepted online practices or guidelines, (c) hihaho’s corporate standards.

The Client understands that:

1. In order to access the Resources, the Client may be required to provide certain personal information (such as identification, contact details, etc.) as part of the registration process, or as part of the ability to use the Resources. The Client agrees that any information she or he provides will always be accurate, correct, and up to date.

2. The Client is responsible for maintaining the confidentiality of any login information associated with any Account used to access the Resources. Accordingly, the Client is responsible for all activities that occur under the Client’s Account.

3. Accessing (or attempting to access) any of the Resources by any means other than through the means hihaho provides, is strictly prohibited. The Client specifically agrees not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means.

4. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.

5. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources is strictly prohibited.

6. The Client is solely responsible for any consequences, losses, or damages that hihaho may directly or indirectly incur or suffer due to any unauthorized activities conducted by the Client, as explained above, and may incur criminal or civil liability.

7. Hihaho may provide various open communication tools on the Website, such as blog comments, blog posts, (public) chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. It must be understood that, generally, hihaho does not pre-screen or monitor the information submitted, posted, or published by users of these various communication tools. This means that if one chooses to use the above tools to submit any type of information to the Website, then it is her or his personal responsibility to use the above tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, one agrees that one will not upload, post, share, or otherwise distribute any information that:

– is illegal, offensive, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist;
– contains any type of suggestive, inappropriate, or explicit language;
– infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
– contains any type of unauthorized or unsolicited advertising;
– impersonates any person or entity, including any hihaho employees or representatives, and hihaho as a company.

Hihaho has the right at its sole discretion to remove any information that, according to its corporate standards, does not comply with the Terms of Service, along with any utterance otherwise to be considered offensive, harmful, objectionable or inaccurate, or violates any third party copyrights or trademarks.

Hihaho is not responsible for any delay, unwanted consequences, or cross-purposes resulting from the removal of such unwanted information. In any case of such a removal, the person and/or entity concerned consents to waive any (legal) claim against hihaho.

8. Hihaho does not assume any liability for any information posted by concerned persons, entities, and/or any other third party users of the Website. However, any information posted by the concerned persons or entites using any open communication tools on the Website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, is considered to become the property of hihaho. As such, it provides hihaho a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute the information, insofar as its content is considered acceptable by hihaho.

NB! The above license only refers and applies to information posted via open communication tools as described, and does not refer to information that is provided as part of the registration process necessary in order to use the Resources. All information provided as part of the registration process is covered by the Privacy Policy.

9. The Client agrees to indemnify and hold harmless hihaho and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the User Agreement, or the failure to fulfill any obligations relating to the Client’s account incurred by the Client or any other person using the Client’s A Hihaho reserves the right to take over the exclusive defense of any claim for which hihaho is entitled to indemnification under the Terms of Service. In such event, the Client shall provide hihaho with such cooperation as may reasonably be requested or expected.

4. Privacy

The Client’s privacy is very important to hihaho, which is why hihao has created a separate Privacy Policy in order to explain in detail how the Client’s private information is collected, managed, processed, secured, and stored. Hihaho’s Privacy Policy is included under the scope of the User Agreement. To take note of the Privacy policy in its entirety, click here.

5. Limitation of Warranties

By using the hihaho Website and Platforms, the Client understands and agrees that all Resources hihaho provides are “as is” and “as available”. This means that hihaho does not represent or warrant to the Client that:

– the use of the Resources will meet the Client’s needs or requirements;
– the use of the Resources will be uninterrupted, timely, secure or free from errors;
– the information obtained by using the Resources will be accurate or reliable;
– any defects in the operation or functionality of any Resources hihaho provides, will be repaired or corrected.

Furthermore, the Client understands and agrees that:

– any content downloaded or otherwise obtained through the use of the Resources is done at the Client’s own discretion and risk, and that the Client is solely responsible for any damage to the Client’s computer or other devices for any loss of data that may result from downloading such content;
– no information or advice, whether expressed, implied, oral or written, obtained by the Client from hihaho or through any Resources we provide, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in the User Agreement.

6. Exceptions

Nothing in the Terms of Service will exclude or limit any warranty implied by law that it would be considered unlawful to exclude or limit.

Nothing in the Site’s and the Resources’ disclaimer will exclude or limit the liability of hihaho in respect of any:

– death or personal injury caused by the negligence of hihaho or its agents, employees, or shareholders/owners;
– fraud or fraudulent misrepresentation on the part of hihaho, or matter as to which it would be illegal or unlawful under applicable law for hihaho to exclude, limit, or to attempt or purport to exclude or limit its liability.

7. Reasonability

By using the Site and the Resources, the Client agrees that the exclusions and limitations of liability set forth in the Terms of Service are reasonable. If the Client does not think they are reasonable, it is strongly recommended not to use the Site and the Resources.

8. Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, the Client expressly understands and agrees that any claim against hihaho shall be limited to the amount paid by Client, if any, for use of hihaho products and/or services. Hihaho will not be liable for any direct, indirect, incidental, consequential or exemplary losses or damages which may be incurred by Client as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

9. Third Party Content

Hihaho uses some content from third party creators and suppliers who own the rights to that content.

The Client may display this content, but only on her or his personal computer, and only for her or his personal or business use. No other type of display is permitted.

Unless the Client has permission from a third party creator or supplier, the Client agrees not to download, cache, reproduce, modify, edit, alter, or enhance any of this content.

HIHAHO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

10. Questions, Complaints, and Disputes

As as certified member of NRTO (Dutch Council for Training and Education), hihaho is bound to the General Terms and Conditions Entrepreneurs and Companies (B2B) for Training and Education. Hihaho uses an internal procedure for dealing with questions and complaints that is fully in line with the NRTO guidelines regarding the handling of questions and complaints. With regard to individual consumers, see: Terms and Conditions Consumers NRTO. (for the Dutch version, click here).

Hihaho’s internal procedure for handling questions and complaints is based on the NRTO guidelines with respect to (i) a customer friendly approach in general, (ii) a prompt response time in particular, and (iii) provisions in case of disputes concerning the conclusion or implementation of agreements.

Disputes between the Client and hihaho concerning the conclusion or implementation of agreements in relation to the services supplied or to be supplied by hihaho, may be submitted by both the Client and hihaho to the Geschillencommissie Particuliere Onderwijsinstellingen (Disputes Committee Private Educational Institutions), Postbus 90600, 2509 LP Den Haag – Phone +31(0)70 3105310.

11. Service Level Agreement

In case the Client and hihaho have made a separate Service Level Agreement (SLA) with respect to the services, the SLA’s provisions regarding settlement of any complaints are leading, without prejudice to the NRTO Guidelines.

12. Legal Provisions and Restrictions

Apart from the User Content (see below), all information and materials available on the hihaho Website and Platforms, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of hihaho, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of the above information and materials is strictly prohibited, unless specifically authorized by hihaho.

The copyright of all User Content uploaded to the Platform(s) and/or all Content enriched by the Client using the Application, will always be and remain the property of the Client.

If the Client publishes Content using the Application that is (partly) illegal in the location where it is published and/or wherever the (intended) End Users are located, hihaho is not responsible for this in any way. Illegal content includes, but is not limited to, child pornography, representations of terrorism-related and/or otherwise illegal political activities, expressions of discriminatory and/or otherwise offensive nature, as well as messages with incendiary and/or threatening intent.

The Client may not submit any User Content to the Platform(s) that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaints.

The Client is fully responsible for her or his own (enriched) Content in all cases. Hihaho would love to be able to show the Client’s best interactive videos to other potential clients, or e.g. on the hihaho demo page, but the Client will always be asked for specific permission to do so.

After detecting illegal Content, hihaho reserves the inalienable right to edit, deactivate, block, or even remove the Content submitted to, hosted, or published on the Platform(s), or stored on the servers of hihaho. However, hihaho does not undertake to monitor the User Content submitted to, hosted or published upon its Platform(s), or stored on its servers. In any case of aforementioned editing, deactivation, blocking or removal, the Client is deemed to waive any right to compensation or reimbursement of costs for licenses or videos published online, if there is illegal content as defined above, according to hihaho’s corporate standards.

13. Hihaho Interactive Videos

The Client acknowledges that she or he alone is responsible for the Content of any interactive video or (visual and/or audio) portions thereof that is imported to, created, stored on, or accessed through use of the Application.

The Client’s responsibility for the Content and appearance of each interactive video includes, but is not limited to, its legality, reliability, appropriateness, and originality.

13.1.  If the Client does not have a paid hihaho Account, the Client’s interactive videos will be available for any third party to view at a publicly available URL. As a consequence, in the absence of a paid account, the Client acknowledges that:

– third parties may view and have access to the Client’s interactive videos;
– hihaho has no control over third parties’ use of the Client’s interactive videos;
– the Client’s interactive videos may be indexed by search engines;
– hihaho has the right to add a watermark and/or advertisements and limit certain functionalities to the Client’s interactive videos;
– the Client’s interactive videos may not be used for commercial purposes, although testing hihaho interactive videos is allowed.

13.2. In case of a paid hihaho Account,

– the Client may also allow her or his interactive videos to be made available publicly;
– the Client, however, will have the option to limit access to any interactive video, the access of which is maintained by the Client in her or his User Account;
– the Client shall have the right to post an/or embed any interactive video created through the use of the Application, and to make such interactive videos available on the Client’s personal or company website, as applicable;
– the Client represents and warrants that the posting and/or embedding of such interactive videos, and any other use of such interactive videos, do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or company.

As a service provider, artist, animator, webdesigner, advertisement agency, training agency, etcetera, with a paid hihaho Account, creating interactive videos for her or his own clients for a fee, the Client shall have the right to embed any of such interactive videos created using the Application, and to make such interactive videos available on her or his clients’ personal or company website, as applicable.

Hihaho may, without prior notice, terminate or suspend its service and/or the access to all or any part of the hihaho Website or Platforms to Users who obviously can be shown to have infringed upon the intellectual property rights of others.

Hihaho applies a fair use policy of 50K views per interactive video, discount rates being calculated on the basis of this number of views as well, e.g. a 10% discount amounts 50K * 0,9.

Interactive videos purchased via the pay per use, pay per publish, starter edition or based on the hihaho ‘Lite’ license stay online until one year after publication.

In case the Client exceeds the video limit of the current subscription, an extra video bundle will be added. The Professional bundle contains five videos, the Supreme bundle ten videos.

14. Third Party Rights

The Client may not upload, post or link to the hihaho Website, the Platforms, or otherwise use in any way in connection with the Client’s use of the hihaho Website or Platforms consisting of any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of proof to establish that materials are not protected by such rights rests with the Client.The Client shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from the Client’s violation of this prohibition.

All third parties’ trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.

Hihaho is not responsible for breach of copyright laws should a User embed or link their hihaho interactive video for the purpose of using copyrighted videos or Content. Hihaho upholds copyright laws in their entirety and takes no responsibility, nor can be held liable, for any breach carried out by a User with third party software. It is each Client’s responsibility to uphold and respect their country’s copyright laws.

15. Termination of Use

Effect of Termination

The Client agrees that hihaho may, at its sole discretion, fully or partly suspend or terminate the Client’s access of the Website, the Platforms and the Resources and/or the Client’s use of the Application, with or without notice and for any reason, including, without limitation, any breach of the User Agreement. Any suspected illegal, fraudulent or abusive activity may be considered grounds for terminating the customer’s relationship with hihaho and for referral to appropriate law enforcement agencies. Upon suspension or termination, the Client’s right to use the Resources will immediately cease, and hihaho reserves the right to remove or delete any information that the Client may have on file with hihaho, including any Account or login information.

Upon any termination of the Client’s access to the Website, the Platforms, and the Resources, and the Client’s use of the Application, hihaho will:

– cancel and close the Client’s User Account, and the Client’s User ID and password shall be deactivated;
– permanently delete the Client’s hihaho interactive videos and User Content;

Termination of the Client’s User Account shall not relieve the Client of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.

Suspension

In case of termination, hihaho may suspend the Client’s User Account at any time and for any length of time. While the Client’s User Account is suspended, the Client may not publish, link or embed any additional hihaho interactive videos. However, the Client may continue to access and use the Client’s User Account to access previously created and published interactive videos.

16. Transfer of Dealing with Rights and Obligations

Hihaho may transfer, sub-contract, or otherwise deal with hihaho’s rights and/or obligations under the Terms of Service without notifying the Client or obtaining the Client’s consent.

The Client, in turn, may not transfer, sub-contract, or otherwise deal with the Client’s rights and/or obligations under the Terms of Service.

17. Severability

If a provision of the Terms of Service is determined by any court, or other competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Entire Agreement

The Terms of Service, together with hihaho’s Privacy Policy, constitute the entire agreement between the Client and hihaho in relation to the Client’s use of the Site, the Platforms, and the Resources and supersede all previous agreements in respect of the Client’s use of the Site, the Platforms, and the Resources.

19. Governing Law

The Website with the Platforms are controlled by hihaho, located in The Netherlands. It can be accessed by Users in most countries around the world. By accessing the Website with the Platforms, the Client agrees that the statutes and laws of The Netherlands, without regard to a conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Website and the Platforms, and the purchase of any products or services through the Site.

Furthermore, the Client acknowledges and agrees that any action to enforce the User Agreement shall be brought in Dutch court, agrees to personal jurisdiction this court, and waive any jurisdictional, venue, or inconvenient forum objections to this court.

20. Account types

Hihaho Account (plan) types are listed on the pricing page on the Site. The Account (plan) types, names, and listed prices change from time to time. When the Client purchases a plan from hihaho, she or he agrees to purchase the plan as listed at the time of purchase.

Users of an Educational License agree with the mention of their institution’s name on the hihaho Website.

The current Educational License is valid until 31/12/2021.

21. Purchases

21.1. General Terms

The Client agrees to pay the then-current fee for the Account type (either a license, or a prepaid Account) the Client has selected. The current fee for the Account type the Client has selected will automatically and immediately be charged to the Client’s payment instrument or bank account on the date of signing up. Fees charged for one Account type may not be credited towards other Account types. All currency references are in Euros and do not include sales tax (if applicable).

Hihaho provides the Client with the ability to pay the invoices/fees through the service of payment provider Mollie (https://www.mollie.com/nl/). All subscriptions and other transactions paid through this third party are subject to the third party’s terms of service and privacy policy, and hihaho will not be responsible for anything contained therein. The Client is responsible for payment of any sales or use taxes associated with the fees or the Client’s use of the Site and the Platforms.

21.2. Payment

For all non-trial Account types, payment takes place on the basis of prepayment. Payment will be automatically renewed for the next licensing term, at the end of each term. The amount the Client is to pay will depend upon the Account type of the Client’s choice. If the Client decides to cancel a recurring payment, the Account should be cancelled prior to the next licensing c.q. billing term. If the Client decides not to purchase an additional month/year of service, the Account will be suspended, and the Client will have the option of converting to a hihaho trial Account type subject to the limitations of a hihaho trial Account.

As for the cancellation of a subsequent licensing term, the Client is expected to proceed this in writing. For a monthly license a cancellation period of at least one month applies, for an annual license a cancellation period of at least three months applies, and for a license of more than one year, a cancellation period of at least six months applies. The Client’s written cancellation will be considered effective upon receipt of a confirmation message by hihaho.

21.3. Fraud Protections

To protect against potential fraud, hihaho and/or the payment provider may take steps to verify the validity of the credit card information the Client provides us with. The verification process may include debiting an amount between $0.01 and $0.99 from the Client’s credit card account and then immediately crediting the same amount back to the Client’s credit card, as well as asking the Client to verify the amount debited in order to confirm that she or he is in possession of her or his credit card. Hihaho will only use this process to screen for fraud and will not otherwise debit the Client’s credit card account, except as part of a transaction conducted through her or his account for payment of purchase hihaho’s products and services through the Website. By providing hihaho with the Client’s credit card information, the Client authorizes hihaho to debit and credit her or his credit card account for an amount less than one dollar for such verification purposes.

21.4. Cancellation and Refund Policy

Attention must be paid, unless hihaho gives notice to the contrary, that payment for licenses are non-refundable. If the Client cancels the recurring payment option, the Client’s Account will remain active until its next renewal date. If the Client deletes the Account before the end of the term for which payment has been made, the cancellation will take effect immediately. In either case (cancellation or deletion), the Client will not be given any refund.

21.5. Termination

If the Client’s credit card is invalid for any reason, a Professional or Supreme hihaho account will revert to a hihaho Lite account and will be subject to the limitations of a hihaho Lite account; provided, however, that hihaho reserves the right to cancel the Client’s Account entirely in such case. The Client will have the option of deleting any User Content from the Account prior to its reversion to a hihaho Lite account.

22. Commercial Business Models

It is not allowed to develop commercial business models without permission from hihaho.

Guarantee

UNLESS OTHERWISE EXPRESSED, HIHAHO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contacting Us

Hihaho.com is operated by hihaho interactive video, a trade name of Icademy BV, Kloekhorststraat 29, 9401 BB Assen, The Netherlands (Europe), registration Number at the Dutch Chamber of Commerce: 01166414.

If you have any questions or comments about the Terms of Service as outlined above, you can contact us at:

Hihaho
Kloekhorststraat 29
Assen, 9401 BB
The Netherlands (Europe)
Phone: +31(0)592-377285
Email: info@hihaho.com

Version: 2.0

Last revised: July 31, 2021

Kloekhorststraat 29
9401 BB Assen, The Netherlands

Secondary office
Galileïlaan 31
6716 BP Ede, The Netherlands

t. +31(0)592 377 285
e. info@hihaho.com