Terms & Conditions

Effective Date: 04/20/2021

Website Covered: https://myhighapp.com/

Mobile App Covered: myHigh



THE AGREEMENT: The use of this Website, and Mobile App and services on this Website, and Mobile App provided by 210 Tech LLC (hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this Website, and Mobile App (hereinafter collectively referred to as “Website, and Mobile App”) and any services provided by or on this Website, and Mobile App (“Services”).



1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

  1. a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, and Mobile App, makes the Website, and Mobile App, and certain Services on it, available to users. 210 Tech LLC, Company, myHigh, myHighApp, Us, We, Our, Ours, and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
  2. b) You, the User, the Client: You, as the user of the Website, and Mobile App, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
  3. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.



2) ASSENT & ACCEPTANCE

By using the Website, and Mobile App, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website, and Mobile App immediately. The Company only agrees to provide use of this Website, and Mobile App and Services to You if You assent to this Agreement.



3) AGE RESTRICTION

You must be at least 21 (twenty-one) years of age to use this Website, and Mobile App or any Services contained herein. By using this Website, and Mobile App, You represent and warrant that You are at least 21 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.



4) LICENSE TO USE Website, and Mobile App

The Company may provide You with certain information as a result of Your use of the Website, and Mobile App or Services. Such information may include but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website, and Mobile App or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website, and Mobile App and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website, and Mobile App or Services or at the termination of this Agreement.



5) INTELLECTUAL PROPERTY

You agree that the Website, and Mobile App and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

  1. a) In order to make the Website, and Mobile App and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website, and Mobile App (“Your Content”). The Company claims no further proprietary rights in Your Content.
  2. b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.



6) USER OBLIGATIONS

As a user of the Website, and Mobile App or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website, and Mobile App and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website, and Mobile App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.



7) ACCEPTABLE USE

You agree not to use the Website, and Mobile App or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website, and Mobile App or Services in any way that could damage the Website, and Mobile App, Services, or general business of the Company.

  1. a) You further agree not to use the Website, and Mobile App or Services:
  2. I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  3. II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  1. IV) To perpetrate any fraud;
  2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.



8) PRIVACY INFORMATION

Through Your Use of the Website, and Mobile App and Services, You may provide Us with certain information. By using the Website, and Mobile App or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

  1. a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website, and Mobile App or Services, We may also receive information from external applications that You use to access Our Website, and Mobile App, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
  2. b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Website, and Mobile App, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
  3. c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.

 

9) ASSUMPTION OF RISK

The Website, and Mobile App and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website, and Mobile App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website, and Mobile App is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website, and Mobile App.



10) SALES

The Company may sell goods or services or allow third parties to sell goods or services on the Website, and Mobile App. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

 

11) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website, and Mobile App or Services;
  2. b) Violate the security of the Website, and Mobile App or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.



12) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website, and Mobile App or Services is at Your own risk.



13) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website, and Mobile App or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.



14) SPAM POLICY

You are strictly prohibited from using the Website, and Mobile App or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.



15) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party Website, and Mobile Apps or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website, and Mobile App.



16) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website, and Mobile App and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

  1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  2. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website, and Mobile App after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
  3. c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.



17) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website, and Mobile App. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website, and Mobile App.



18) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website, and Mobile App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website, and Mobile App may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.



19) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.



20) NO WARRANTIES

You agree that Your use of the Website, and Mobile App and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website, and Mobile App or Services will meet Your needs or that the Website, and Mobile App or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website, and Mobile App or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website, and Mobile App or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.



21) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website, and Mobile App or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.



22) GENERAL PROVISIONS:

  1. a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  2. b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website, and Mobile App or Services, You agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Nassau, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
  3. c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Nassau. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
  4. d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and insure to any assignees, administrators, successors, and executors.
  5. e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  6. f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  7. g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  8. h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
  9. i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  10. j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: support@myhighapp.com.

22) PURCHASES AND CANCELLATION RIGHTS:

  1. a) SUBSCRIPTIONS:

You may purchase certain Mobile Apps on a subscription basis. Some may offer different subscription levels (usually free or premium). Payment for a subscription (which may be for example monthly, tri-monthly or yearly) may be processed in App through a third-party mobile platform owner (e.g. Apple or Google) .

You may be offered a free trial of a subscription to a Mobile App for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account, or if you went through a Mobile App website, by logging in on the applicable website to manage your subscriptions. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.

 

If you subscribed for a Mobile App through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account.

All cancellations will take effect starting at the end of the then-current billing period. For example, if you have a monthly subscription that began on the first of the month but cancels mid-month, your cancellation will be effective as of the end of that month. There are no refunds on paid subscriptions once the charge has gone through for the billing period.

 

  1. PAID APPLICATIONS

 

European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and purchase a Mobile App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner’s terms in this regard before purchase.

 

You may uninstall Mobile Apps paid applications at any time at your discretion. All purchases of paid applications are non-refundable.

 

  1. AUTOMATIC RENEWAL

 

Paid subscriptions to the Mobile Apps are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until canceled by you in accordance with the Cancellation section of this Agreement.

  1. UNINSTALL/REMOVAL OF A MOBILE APP

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Mobile Apps, please use the application manager provided with your device or consult your device manual for reference. Please remember if you have a paid subscription to a Mobile App, uninstalling will not cancel your recurring payments. See our cancellation instructions above for more information.