Welcome to Splitty and our Terms of Use (“Terms”). These Terms are important and affect your legal rights, so please read them carefully.
The following Terms are entered into by and between You and Hachi Head LLC, doing business as Splitty (“Company”, “we”, or “us”).
By accessing or using the websites, mobile applications, or blogs (collectively, the “Sites”) provided by us, either as a guest or registered user, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Sites.
The services offered by Splitty under the Terms include a tool to help you collaborate with a group of participants who must also have an active Splitty account in order to participate in the Services. Any such services offered by Splitty are referred to in these Terms as the “Services”. Any new feature or tools which are added to the current Services shall also be subject to the Terms. You can review the current version of the Terms at any time.
The Sites are offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you are 18 years of age or older and have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites. If you sign up for the Services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf. If you do not meet all of these requirements, you must not access or use the Sites.
When you sign up for an account and agree to these Terms, the Agreement between you and the Company is formed, and the term of the Agreement will begin. The term will continue for as long as you have a Splitty account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your email address and clicking the “Sign Up” button (or creating an account using the social net work services, like Facebook) means that you have officially accepted the Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
In order to access and use certain areas or features of the Sites, you will need to register for a Splitty account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or you account.
You are responsible for keeping your account email address and password confidential. You are also responsible for any account that you have access to and any activity occurring in such account, whether or not you authorized that activity. You will immediately notify us of any unauthorized access or use of your accounts. We are not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Site, is and will remain complete and accurate.
By creating a Splitty account, you also consent to receive electronic communications from Splitty (i.e., via email or by posting notices to the Sites). These communications may include notices about your account (i.e., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreement, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but no limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
You are prohibited from using the Sites or their contents:
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
The Company may block, restrict, disable, suspend or terminate your access to all or part of the Sites and Splitty Content at any time in the Company’s discretion, without prior notice or liability to you. Any conduct by you that, in the Company’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Sites is strictly prohibited and may result in the termination of your access to the Sites without further notice.
In the event that the Sites are available through any third-party platform, or if the Company provides link from the Sites to any third-party platform or permits any third party to link from its platform to the Sites, you understand and agree that the Company makes no warranty of ay kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of the Company, and the Company provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by the Company.
We are not responsible if information available on the Sites is not accurate, current, or complete. The information and material provided on the Sites is for general information only, and should not be relied upon as the sole basis for making an individual or group decision to purchase and split products, items, or services, without first consulting a primary, more timely, or more accurate source of information. Reliance on information contained in this Site is at your own risk. This Site may contain certain historical information for your reference only. We reserve the right to update and modify the contents of the Sites at any time, but are under no obligation to update any information on the Sites. Monitoring changes to the Sites is your responsibility.
Your use of the Sites is at your own risk. The Sites are provided by the Company under the Terms “as is” without warranty of any kind,either express, implied, statutory or otherwise. The Company expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Sites, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limited the foregoing, the Company makes no warranty that: (i) the Sites will meet your requirements; (ii) access to the Sites will be uninterrupted; (iii) the quality of the Sites will meet your expectations; and (iv) any errors or defects in the Sites, services or materials will be corrected. The Company makes no representations or warranties that the Sites will be permitted in your jurisdiction, that any of the content submitted by you will be available through the Sites or will be stored by the Sites, that the Sites will meet your needs, or that the Company will continue to support any particular feature of the Sites. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Sites, and no warranties shall apply after such period.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Sites, your breach or alleged breach of the Site’s Terms or any representation or warranty contained herein, your unauthorized use of the Sites, or your violation of any rights of another.
These Terms, your access to and use of the Sites shall be governed by and construed and enforced in accordance with the laws of the State of Hawaii, without regard to conflict of law rules and principles (whether of the State of Hawaii or any other jurisdiction). Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the State or federal courts of the State of Hawaii and the United States, respectively, sitting in the State of Hawaii, County of Honolulu.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause of provision of these Terms.