Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and Hiyo App Inc. ("Hiyo App Inc.", "Hiyo", "we", "us", or "our"). They govern your access to and use of the Hiyo website, applications, software, features, communications tools, and related services (collectively, the "Services").

By accessing or using the Services, creating an account, or purchasing a subscription or credits, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of a company, sports facility, club, or other organization, you represent that you have authority to bind that organization. In that case, "you" and "Customer" refer to that organization.

You must be legally capable of entering into a binding agreement and must use the Services only for lawful business purposes. You may not use the Services if applicable law prohibits you from doing so.

The Services are intended primarily for sports facilities and their authorized personnel. A facility is responsible for determining who may access its account and what permissions each user receives.

You must provide accurate and current account information. You are responsible for protecting login credentials, limiting access to authorized users, and all activity performed through your account, except to the extent caused by Hiyo's breach of these Terms.

You must promptly notify us at support@hiyo.app if you suspect unauthorized access, compromised credentials, or misuse of your account. We may require reasonable verification before restoring access or changing account ownership or administrator permissions.

Facility administrators may add, remove, and manage staff accounts and permissions. You are responsible for ensuring those actions are authorized and for maintaining appropriate internal access controls.

Subject to these Terms and payment of applicable fees, Hiyo grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription for your internal business operations.

The Services may include booking management, customer records, programs, attendance, communications, reporting, stringing workflows, credits, integrations, and other operational features. Available features may vary by plan, location, or release stage.

No rights are granted except those expressly stated in these Terms.

You are solely responsible for your facility's operations and its relationship with players, members, parents, coaches, staff, and other customers. Hiyo provides software tools but is not a party to bookings, lessons, memberships, facility policies, refunds, disputes, waivers, injuries, or transactions between a facility and its customers.

You are responsible for:

•the accuracy and legality of information entered into Hiyo;

•your prices, taxes, cancellation rules, refunds, waivers, and customer policies;

•obtaining any notices, permissions, and consents required to collect and use customer information;

•complying with applicable consumer protection, accessibility, employment, tax, privacy, and marketing laws; and

•reviewing bookings, schedules, charges, reports, and communications before relying on them.

"Customer Data" means information, content, and records submitted to or generated through the Services on your behalf, including customer profiles, booking records, attendance, notes, program information, operational records, and communication history.

As between you and Hiyo, you retain your rights in Customer Data. You grant Hiyo App Inc. a worldwide, non-exclusive right to host, copy, process, transmit, display, back up, and otherwise use Customer Data only as reasonably necessary to provide, secure, support, and improve the Services, comply with law, and enforce these Terms.

You represent that you have all rights, notices, and consents needed for Hiyo to process Customer Data as described in these Terms and our Privacy Policy. You must not submit data that you are not authorized to collect or disclose.

We may create and use aggregated or de-identified information that does not reasonably identify you, your facility, or an individual, including for analytics, security, product development, and service improvement.

Our Privacy Policy explains how Hiyo App Inc. collects, uses, discloses, and protects personal information. By using the Services, you acknowledge that personal information will be handled as described in that policy.

Where a facility enters information about its customers, the facility generally determines why and how that information is used, and Hiyo processes it to provide the Services. Requests relating to facility-controlled customer records should normally be directed to the applicable facility first.

The Services may allow you to send email or SMS messages to customers. You are responsible for message content, recipient lists, required consent, opt-out handling, and compliance with applicable anti-spam, privacy, telecommunications, and consumer protection laws, including Canada's Anti-Spam Legislation where applicable.

SMS credits are usage-based units and are not legal tender, stored value, or transferable property. Credits may expire only if the applicable purchase terms clearly disclose an expiry. Except where required by law or expressly stated at purchase, unused credits are non-refundable and cannot be redeemed for cash.

Message delivery is not guaranteed and may depend on carriers, third-party providers, recipient devices, network availability, content filtering, and valid contact information. Carrier rates may apply to recipients.

Paid access may be offered on a monthly, annual, usage-based, or other billing basis shown at purchase. An authorized payment provider processes payments made to Hiyo for subscriptions, SMS credits, and related services. You authorize us and our payment provider to charge the payment method on file for applicable fees, taxes, and approved purchases.

Unless the order page or written order states otherwise, subscriptions renew for successive periods matching the original billing period until cancelled. Before purchase, we will disclose the price, billing frequency, renewal terms, and available cancellation method. Automatic renewal and cancellation will be administered in accordance with applicable law.

You may cancel a renewing subscription through the available account controls or by contacting us. Cancellation stops future renewals but does not ordinarily provide a refund or credit for a current billing period, except where required by law or expressly stated otherwise. Access generally continues until the end of the paid period.

Fees are exclusive of applicable sales, use, value-added, withholding, or similar taxes unless expressly stated. You are responsible for taxes associated with your purchases, other than taxes based on Hiyo App Inc.'s net income.

If payment is overdue, we may retry payment, limit paid features, suspend access, or terminate the account after reasonable notice, subject to applicable law. You remain responsible for amounts incurred before cancellation or termination.

We may offer trials, discounts, pilot programs, or promotional pricing subject to additional terms. Unless otherwise disclosed, a trial may be modified or ended at any time before a paid subscription begins. We will not charge a payment method after a free trial unless the applicable offer clearly disclosed automatic conversion and you authorized it.

You may upgrade or downgrade a plan where supported. Changes may take effect immediately or at the next billing cycle as disclosed during the change. Downgrading may reduce features, limits, or storage available to your account.

You must not, and must not permit others to:

•use the Services unlawfully, fraudulently, deceptively, or to violate another person's rights;

•access or attempt to access accounts, systems, or data without authorization;

•interfere with the integrity, security, availability, or performance of the Services;

•upload malware, harmful code, or content designed to disrupt or compromise systems;

•reverse engineer, decompile, disassemble, scrape, or attempt to discover source code, except where such restriction is prohibited by law;

•circumvent usage limits, access controls, security measures, or billing mechanisms;

•resell, sublicense, rent, or provide the Services as a service bureau without our written permission;

•use the Services to send unlawful, unsolicited, misleading, or abusive communications; or

•submit content that infringes intellectual property, privacy, confidentiality, or other rights.

We may investigate suspected misuse and cooperate with lawful requests from authorities.

The Services may interoperate with third-party products or services, such as payment, analytics, monitoring, messaging, identity, calendar, or wallet providers. Your use of third-party services may be governed by separate terms and privacy policies between you and the provider.

Hiyo is not responsible for third-party services, their availability, security, accuracy, or changes. We may add, replace, or discontinue an integration if necessary for security, legal, technical, or business reasons.

We aim to provide a reliable service, but the Services may occasionally be unavailable because of maintenance, updates, outages, third-party failures, security events, or circumstances beyond our reasonable control. Unless we expressly agree otherwise in writing, we do not guarantee uninterrupted availability or any specific uptime, response time, or support level.

Hiyo is an evolving product. We may improve, modify, replace, add, limit, or remove features, integrations, usage limits, plans, or functionality. We will provide reasonable advance notice of a material reduction to core paid functionality where reasonably practicable. We may make immediate changes when needed for security, legal compliance, abuse prevention, or technical stability.

We may change prices prospectively. Price changes for an existing renewing subscription will take effect no earlier than the next renewal after any notice required by applicable law or the applicable order terms.

You may stop using the Services at any time and may cancel a paid subscription as described in Section 9.

We may suspend, restrict, or terminate access if we reasonably believe that:

•you materially breached these Terms and did not cure the breach within a reasonable period after notice, where a cure is possible;

•fees are overdue;

•your use creates a security, legal, fraud, abuse, or operational risk;

•suspension is necessary to prevent harm to Hiyo, our providers, customers, or others;

•we are required to do so by law or a binding governmental request; or

•you become insolvent, cease business, or enter bankruptcy or similar proceedings, subject to applicable law.

We may act without advance notice when immediate action is reasonably necessary to address a security incident, unlawful activity, imminent harm, or legal requirement. Otherwise, we will try to provide notice and an opportunity to remedy the issue before termination.

Hiyo App Inc. may discontinue all or part of the Services or cease business operations. If we permanently discontinue the Services, we will use commercially reasonable efforts to provide advance notice and a reasonable opportunity to export Customer Data, unless doing so is impracticable because of an emergency, insolvency, legal restriction, security risk, or circumstances beyond our control.

If we discontinue a prepaid Service before the end of a paid period for reasons unrelated to your breach, we will provide any refund required by applicable law and may provide a prorated refund for the unused portion of prepaid fees. This does not apply to consumed usage credits, third-party charges already incurred, or promotional access, except where required by law.

During an active subscription, you may access and export Customer Data using available features. The format and scope of exports may depend on the Service and plan.

After account termination or expiry, we may disable access and retain Customer Data for a limited period for backup, recovery, legal, security, and operational purposes. We may then delete or de-identify Customer Data in accordance with our retention practices and Privacy Policy. You are responsible for exporting data you need before access ends.

We may retain information when required by law, necessary to resolve disputes, prevent fraud, enforce agreements, or maintain legitimate business records.

Hiyo App Inc. and its licensors own the Services and all related software, designs, interfaces, documentation, trademarks, logos, content, and technology, including all improvements and derivative works. Customer Data remains addressed under Section 6.

You may not use Hiyo names, logos, or branding without prior written permission, except for accurate identification of your use of the Services.

If you provide ideas, suggestions, or feedback about the Services, you grant Hiyo App Inc. a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not give us ownership of your Customer Data.

Each party may receive non-public information that the other party identifies as confidential or that should reasonably be understood to be confidential. The receiving party will use such information only to perform or exercise rights under these Terms and will protect it using reasonable care.

Confidential information does not include information that is publicly available without breach, already lawfully known, independently developed, or lawfully received from another source without confidentiality obligations. A party may disclose confidential information where legally required, provided it gives notice where legally permitted.

To the maximum extent permitted by law, the Services are provided "as is" and "as available." Hiyo App Inc. disclaims all express, implied, statutory, and collateral warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.

Hiyo does not provide legal, tax, accounting, employment, safety, medical, or professional advice. Reports, calculations, reminders, schedules, and other outputs may contain errors and should be reviewed before use. You remain responsible for business decisions and compliance obligations.

Nothing in these Terms excludes warranties, conditions, rights, or remedies that cannot legally be excluded.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, goodwill, business opportunities, anticipated savings, or data, arising from or related to the Services, even if advised that such damages were possible.

To the maximum extent permitted by law, Hiyo App Inc.'s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid or payable by you to Hiyo App Inc. for the Services during the twelve months immediately before the event giving rise to the claim.

The limitations in this section do not apply to liability that cannot be limited by law. They also do not limit your obligation to pay fees owed or either party's liability for fraud, wilful misconduct, or infringement or misappropriation of the other party's intellectual property rights.

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Hiyo App Inc., its affiliates, and their directors, officers, employees, and contractors from third-party claims, losses, liabilities, damages, judgments, and reasonable legal fees arising from: (a) Customer Data; (b) your facility operations or relationship with your customers; (c) your violation of law or these Terms; or (d) your misuse of the Services.

We will provide prompt notice of an indemnified claim and reasonable cooperation. You may control the defence and settlement, but may not settle in a way that admits fault by or imposes obligations on Hiyo without our written consent.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fires, floods, epidemics, labour disputes, internet or utility failures, cloud or telecommunications outages, cyberattacks, governmental actions, war, terrorism, or civil unrest. This section does not excuse payment obligations for Services already provided.

We may update these Terms to reflect changes to the Services, laws, security requirements, or business practices. We will post the revised Terms and update the "Last Updated" date. For material changes, we will provide reasonable advance notice through the Services, email, or another appropriate method where required or reasonably practicable.

Changes will apply prospectively from their effective date. If you do not agree to a material change, you may stop using the Services and cancel before the change takes effect. Your continued use after the effective date constitutes acceptance to the extent permitted by law. We will obtain express agreement where applicable law requires it.

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-law rules.

Subject to any rights or remedies that cannot be waived, the courts located in British Columbia will have exclusive jurisdiction over disputes arising from these Terms or the Services. Before starting formal proceedings, the parties agree to make reasonable efforts to resolve the dispute through good-faith discussion.

Nothing in these Terms prevents either party from seeking urgent injunctive or equitable relief, or limits any non-waivable rights under applicable consumer protection law.

Entire Agreement. These Terms, the Privacy Policy, any applicable order form, and any additional terms expressly incorporated by reference form the entire agreement concerning the Services and replace prior discussions or agreements on the same subject.

Order of Precedence. If an order form signed by both parties conflicts with these Terms, the order form controls only for that conflict. Additional or different terms in a purchase order do not apply unless Hiyo expressly agrees in writing.

Assignment. You may not assign these Terms without our prior written consent. Hiyo App Inc. may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or by operation of law. Any other assignment by Hiyo will be made on reasonable notice where required by law.

Severability. If a provision is found unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions will continue in effect.

Waiver. A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

No Partnership. These Terms do not create a partnership, franchise, employment, agency, fiduciary, or joint venture relationship.

Notices. We may provide notices through the Services, by email to the address associated with your account, or by another reasonable method. You are responsible for keeping contact information current.

Survival. Sections that by their nature should survive termination will survive, including Customer Data licences as needed for wind-down and retention, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, payment obligations, dispute provisions, and general terms.

Questions about these Terms may be sent to:

Hiyo App Inc.

Email: hello@hiyo.app

Website: https://hiyo.app