Terms of Service

These terms are the agreement between you and FLYYY INC. for using HiWall. By creating an account or joining a wall, you accept them. If you do not, please do not use HiWall.

1. Who you are dealing with

HiWall is provided by FLYYY INC., a company registered in New York, United States ("we", "us"). Reach us at support@hiwall.io.

2. Who may use HiWall

You must be at least 13 years old, and at least 16 in the United Kingdom and the European Economic Area unless a parent or guardian consents. If you use HiWall on behalf of an organisation, you confirm you are allowed to accept these terms for it.

3. Your account

Keep control of the device and email address you sign in with; anything done through your account is treated as done by you. Tell us promptly at support@hiwall.io if you think someone else has access. You can delete your account at any time from Settings inside the app, and what happens when you do is set out in the Privacy Policy.

4. Your photos stay yours

You keep every right you have in the photos you take and upload. You give us only the permission we need to run the service: to store, reproduce, re-encode, resize and display your photos so they appear to the people on the wall you posted them to, and so you can download them. That permission is limited to operating HiWall, it is not exclusive, and it ends when you delete the photo or your account, apart from copies in backups that expire on the schedule in the Privacy Policy.

We do not use your photos to advertise, to train machine-learning models, or for anything other than showing them to the people you shared them with.

5. Walls, hosts and guests

A wall is private and invitation-only. Whoever creates it is its host and controls its settings — the shot limit, the participant cap, whether joining needs approval, and when the wall is revealed. The join screen shows a guest those settings before they commit to anything.

A host can remove a participant or a photo from their wall. A host cannot see a photo before the wall is revealed, and neither can we. Being on a wall does not entitle you to another person's camera original; only the person who took a photo can download that file.

If you photograph other people, respect them: get their agreement where that is expected, and remove a photo if someone on the wall asks you to.

6. What you must not do

• Upload anything unlawful, including sexual content involving minors, or content you have no right to share.
• Harass, threaten or impersonate anyone, or share someone's private information without their consent.
• Break into, overload, probe or scrape the service, evade rate limits or participant caps, or use an unofficial client.
• Resell access to HiWall, or use it to run a service of your own.

We may remove content or suspend an account that breaks these rules, and we will act faster where someone's safety is involved.

7. Paid walls

A wall's free tier has a limit on participants and shots. Buying a larger tier is an in-app purchase through Apple or Google, who take the payment and set the price shown in your currency.

• A purchase applies to the single wall it was bought for. It is not a subscription, it does not renew, and it cannot be moved to another wall or transferred to another person.
• An upgrade between tiers is priced from the tier that wall already has.
• Refunds are handled by the store, not by us. Ask Apple or Google. If a store refunds a purchase, the tier it paid for may be withdrawn from that wall. Where a statutory right of withdrawal or refund applies to you, this paragraph does not remove it.
• If a purchase completes at the store but does not appear on your wall, it is not lost: the app retries it. Contact us if it does not resolve.

8. Availability

We may change, suspend or discontinue parts of HiWall, and we will give reasonable notice before anything that would remove access to your photos, except where an immediate change is needed for security or the law. HiWall depends on services we do not control, including Apple's and Google's, and on your own connection.

9. Ending this agreement

You may stop using HiWall and delete your account at any time. We may suspend or close an account that breaks these terms, or where we are required to. If we close your account other than for a breach, we will give you a reasonable chance to retrieve your photos first.

10. Disclaimers

HiWall is provided "as is". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the service will be uninterrupted or error-free. Keep your own copies of photos that matter to you. Nothing here limits any legal rights you have as a consumer that cannot be limited.

11. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for lost profits or lost data. Our total liability for any claim relating to HiWall is limited to the greater of the amount you paid us in the twelve months before the claim, or US$50. Some jurisdictions do not allow these limits, in which case they do not apply to you.

12. Indemnity

If someone brings a claim against us because of content you uploaded or because you broke these terms, you agree to cover the resulting costs and damages, to the extent the law allows.

13. Governing law

These terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules, and the courts of New York have jurisdiction. If you are a consumer elsewhere, you keep the protection of the mandatory laws of the country you live in, and you may bring proceedings there.

14. Apple and Google

This agreement is between you and us, not with Apple or Google. They are not responsible for HiWall or for support, and they have no obligation to address any claim about it. Where you obtained the app from Apple, Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

15. Changes to these terms

If we change these terms we will update the date at the top and tell you in the app before a material change takes effect. Continuing to use HiWall afterwards means you accept the new version.

16. Contact

FLYYY INC., New York, United States — support@hiwall.io