1.1 WELCOME TO HIGHON:

We are here to guide you with all the terms of usage, policy of Data and cookies which remain intact while the usage of application. Highon is one of the services being offered to its customers from the platform of the TechArdor global Pvt Ltd. The agenda of TechArdor global Pvt Ltd in introducing Highon Product as application is to make people closer to each other and create communities of similar mindsets which help them in have a better social life. By creating Highon account through a mobile device you agree to be bound by this below mention terms of use. In case, if you do not accept or agree to be bound by all the terms of usage, please refrain from using the service. Highon will have complete authority to make changes to terms of usage, policy of Data and cookies at any point of time depending upon the requirements of law, due to new features or change in business practices. The latest version of agreement and terms of use can be found under Terms & Policy of settings tab.

1.2 WHO CAN USE HIGHON:

As Highon targets to maximise its reach towards the customers to enable them to have a better social life by finding new communities and people to vibe with. We also target to make it a safe and secured place for every customer out there. So, to achieve this greater commitment towards building a safe and secure environment we need your support and complete agreement in adhering the below mentioned terms of usage. - You must be at least 18 years old or the minimum legal age in your country to use Highon. - You should not be convicted sex offender. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

1.3 WHAT NOT TO DO:

You cannot pretend to be someone else or give false information. Highon does not require that you reveal your identity, but you are required to give us current and accurate name, which may entail giving personal information. You may not make an account for someone else unless you have that person's specific consent. You may not impersonate someone or something you are not. You cannot do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose. You cannot do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals. You are not permitted to make an attempt to establish accounts, gain unauthorised access, or gather information. This includes making accounts or gathering data automatically without getting our prior consent. Any accounts or data you gain from us or our service are not eligible for sale, licencing, or purchase. This includes attempting to purchase, sell, or transfer any component of your account, including your username; soliciting, obtaining, or using another user's login information or badge; or requesting or obtaining another user's Highon username, password, or unauthorised access token. You cannot post another person's private or sensitive and confidential material without their consent, nor may you engage in any other behaviour that infringes on their rights, including their intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). According to any relevant exceptions or restrictions to copyright and associated rights, you may use someone else's works. You warrant that the material you upload or share is yours or that all relevant rights have been secured. You cannot modify, translate, create derivative works of, or reverse engineer our products or their components. Without our previous written approval, you are not permitted to include a domain name or URL in your username. Subject to your compliance with these Terms and all other applicable Rules including but not limited to the Community Guidelines, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Highon or its licensors, except for licenses and rights expressly granted in these Terms. The Services provide communication channels designed to enable users to communicate with other users. Highon does not exert any control over the individuals you interact with, even if you select the secret chat option, which Highon may offer. Highon has no obligation to monitor these communication channels but may, in its discretion, do so in connection with providing the Services. Highon may also terminate, suspend, or ban your access to and use of the Services at any time, without notice, for any reason in its sole discretion. You acknowledge and agree that any user content, including without limitation text chats, is not created, endorsed, or controlled by Highon. Highon will not under any circumstances be liable for any user content or activity within the Services. Highon is not responsible for information or content that you choose to share within or through the Services nor is Highon responsible for the content or actions of other users of the Services. Highon is not responsible for maintaining copies of any information or communications you choose to submit to or through the Services. You are solely responsible for your interaction with other users of the Services and other parties that you come in contact with through the Services. To the fullest extent permitted by applicable law, Highon hereby disclaims any and all liability to you or any third party relating to your use of the Services. You acknowledge and agree that Highon does not have any special relationship with you as an end user, and as such, Highon does not owe you any duty to protect you from the acts of other users or other third parties. Neither the above restrictions, nor the Community Guidelines, the Rules, or anything else in the Terms, shall be construed to create any rights enforceable by users, whether as third-party beneficiaries or otherwise. Highon has the right, but not the obligation, to enforce any of the foregoing.

Summary of what not to do:

You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Services. You agree that you will comply with these Terms and the Community Guidelines and will not, and will not assist or enable others to: - breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms or Rules; - use the Services for any other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Highon’s endorsement, partnership or otherwise misleads others as to your affiliation with Highon; - license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services; - except as explicitly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit the Services, in whole or in part, in any form or by any means; - use, display, mirror or frame the Services or any individual element within the Services, the Highon name, any Highon trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Highon express written consent; - use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Services for any purpose; - avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Highon or any of Highon’s providers to protect the Services; - modify, make derivative works of, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; - take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services; or - violate or infringe anyone else’s rights or otherwise cause or threaten harm to anyone.

1.4 ASSUMPTION OF RISK:

You acknowledge and agree that use of the Services, including your interactions with other users, may carry inherent risk and by accessing and using the Services, you choose to assume those risks voluntarily. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the Services, including your interactions with other users. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF ACCESSING OR USING THE SERVICES, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF HIGHON, THIRD-PARTIES INCLUDING OTHER USERS OF THE SERVICES, OR DEFECTS IN THE SERVICES.

1.5 NO WARRANTIES:

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HIGHON PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HIGHON AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF HIGHON IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER HIGHON NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE, (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE, (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES, (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR (VI) THAT ANY CONTENT PROVIDED VIA THE SERVICES IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES BY HIGHON OR BY HIGHON’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations and exclusions may not apply to you.

Other Users of the Services.

HIGHON HAS NO CONTROL OVER AND DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE CONDUCT, ACTS OR OMISSIONS OF OTHER USERS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL LOOK SOLELY TO THE OTHER USERS, AND NOT HIGHON, WITH RESPECT TO ANY CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THE ACTIONS OR CONDUCT OF OTHER USERS OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HIGHON BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM ANY ACTION, CONDUCT OR OMISSION OF ANY OTHER USER OF THE SERVICES.

1.6 LIMITATION OF LIABILITY:

Limitations on Highon’s Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER HIGHON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SERVICES, WHETHER PROVIDED BY HIGHON OR BY THIRD PARTIES, (III) THE USE OF OR INABILITY TO USE THE SERVICES FOR ANY REASON, OR (IV) YOUR COMMUNICATIONS, INTERACTIONS OR DEALINGS WITH, OR THE CONDUCT OF, OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIGHON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL HIGHON’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES) EXCEED ONE THOUSAND INDIAN RUPEES (INR1000.00). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Highon and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you. No Liability for Non-Highon Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIGHON BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS OR OMISSIONS OF YOU OR ANY OTHER THIRD PARTY, INCLUDING OTHER USERS OF THE SERVICES, IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.

1.8 THIRD-PARTY LINKS AND SERVICES:

The Services may contain links to other websites, businesses, resources and advertisers, and other sites may link to the Services. Clicking on a link will redirect you away from the Services to a third-party site or service. Highon is not responsible for examining or evaluating, and does not warrant the goods, services, or offerings of any third party or the content of their websites or advertisements. Consequently, Highon does not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability, or content of such third parties. You should direct any concerns regarding other sites and services to their operators.

1.9 AUTHORIZATIONS YOU PROVIDE TO HIGHON:

As per the agreement with Highon, user need to provide below mentioned permissions to avail the service.

You give us permission to use your work, but we do not claim ownership of it. Your rights to your content remain unaffected. You are free to share your content with anyone you like, wherever you like, and we make no claim to ownership of the content you publish on or via the Service. To deliver the Service, however, we must get specific legal authorizations from you (referred to as a "licencing"). You hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works from any intellectual property rights in any content you share, post, or upload to our Service or in connection with it (consistent with your privacy and application settings). When your work is removed from our systems, this licence expires. By cancelling your account, you may erase material one item at a time or all of it.

Permission to utilise your username, profile photo, and data regarding your interactions and behaviour with other users, advertisements, and sponsored content.

You agree that we may display your username, profile picture, and details about your interactions with accounts, ads, offers, and other sponsored material that you follow or vibe with on Highon. We can use this information across the platform without any compensation benefits to the users. In case of any sponsored medium require data of user specific follows or the data regarding regular usage of app and the general pattern of likes or dislikes can be shared without any compensation benefits to the user. The point to note in terms of data sharing will always keep the username or the user details covered/incognito. Highon always respects your personal choice in showcasing the advertising content which can be monitored or altered thorough ad settings under personal profile settings.

Permission to perform the activity of downloading and installing Highon Service updates on your device.

Highon always acquire the right to disqualify or modify the user selected user ID, if in case it is inappropriate or need necessary actions because Highon believes that it affects someone’s intellectual property or been claimed by the any other user showing the proper documentation of the authority. We maintain full ownership of all intellectual property rights in the pictures, graphics, videos, and sounds that you use in your creations or sharing of anything that we make available through our Service (but not yours). You can only use our intellectual property and trademarks with the permission from Highon. To change, make derivative works from, decompile, or make any other attempt to extract our source code, you must first have written consent from us or be operating under an open-source licence.

1.10 REMOVAL OF THE CONTENT:

In case of any observed misuse or sexual content or communal hatred or personal aggression, Highon will be complete and final authority to take a decision on removing the content. In case of complaint raised by any user among the community of Highon on the elements of social bullying or usage of intellectual property or misusing the platform by publishing sexual nudity or social abuse or in case of encouraging illegal activities like threatening or blackmailing the concerned post or content will be deleted from the platform without any prior information to the concerned user. In case of any damage occurred by the post/content before/during the process of the removal of the content will also be analysed and necessary actions will indulge not only removal of post/content but will also end up in permanent deletion of the account or disqualify the individual profile/creator’s profile from Highon. Highon is not liable for any damage occurred by the post/content before/during the process of the identification and removal. Highon will take at lease of 3 days to retrieve back on the actions in case of compliant raised by the users.

1.11 DELETION OF PROFILE:

In case of any observed misuse or sexual content or communal hatred or personal aggression, Highon will be complete and final authority to take a decision on deleting the account (individual’s account or creators account). In case of complaint raised by any user among the community of Highon on the elements of social bullying or usage of intellectual property or misusing the platform by publishing sexual nudity or social abuse or in case of encouraging illegal activities like threatening or blackmailing the concerned user account will be deleted from the platform without any prior information to the concerned user. In case of any damage occurred by the user account before/during the process of the removal of the content will also be analysed and necessary actions will indulge not only deletion of account but will also end up in disqualifying the individual profile/creator’s profile. The concerned owner of the individual profile/creator’s profile can raise the request to regain access to the account within 7 days. Once the proposal for regaining is initiated Highon will take at least 15 working days to investigate the purpose and close the issue.

1.12 DISQUALIFYING OF PROFILE:

In case of any observed misuse or sexual content or communal hatred or personal aggression, Highon will be complete and final authority to take a decision on disqualifying the account (individual’s account or creators account). In case of complaint raised by any user among the community of Highon on the elements of social bullying or usage of intellectual property or misusing the platform by publishing sexual nudity or social abuse or in case of encouraging illegal activities like threatening or blackmailing the concerned user account will be disqualified from the platform without any prior information to the concerned user. Disqualification of profile defines that no further account creation is possible by using blacklisted phone number and email id. In case of any damage occurred from the user account before/during the process of the removal of the content will also be analysed and necessary actions will indulge in disqualifying the account and perhaps subjecting the person in charge of it to legal action. The concerned owner of the individual profile/creator’s profile can raise the request to regain access to the account with-in 7 days. Once the proposal for regaining is initiated Highon will take at least 15 working days to investigate the purpose and close the issue. By becoming a Highon user, you have given Highon your consent & complete authority to removal/delete/disqualify any content/account which violates Highon’s terms and conditions. These Terms will end as an agreement between you and us if you delete or we disable your account.

1.13 ASSIGNMENT:

You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Highon’s prior written consent. Highon may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

1.14 NO WAIVER AND SEVERABILITY:

Highon’s failure to enforce a provision of this Agreement is not a waiver of its right to do so later or to enforce any other provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law. Except as explicitly provided herein, if any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

1.15 CHANGES TO THE SERVICES OR THE TERMS:

Highon reserves the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate, temporarily or permanently, the Services, and any part thereof, without notice to you. Highon shall have no liability to you or any other person or entity for any modification, suspension, or termination of the Services or any part thereof. Highon reserves the right to modify these Terms (effective on a prospective basis) at any time in accordance with this provision. Therefore, you should review these Terms regularly. If we make changes to these Terms, we will post the revised Terms on the Services and update the “Last Updated” date at the top of these Terms. If you do not terminate this Agreement before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms. Special terms or rules may apply to some Services. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Notice, and any rules, restrictions, limitations, terms and/or conditions that may be communicated to users of the Services, Highon shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail, in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

1.16 ENTIRE AGREEMENT:

Except as it may be supplemented by additional terms and conditions, policies, guidelines, or standards as provided herein, this Agreement constitutes the entire agreement between Highon and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Highon and you in relation to the access to and use of the Services.

1.17 TERM, TERMINATION, AND SURVIVAL:

This Agreement will remain in full force and effect while you use the Services in accordance with these Terms and any additional applicable Rules. Highon may terminate this Agreement at any time without notice if we believe that you have breached this Agreement or the Community Guidelines, including but not limited to, by using the Services for non-personal use, engaging in prohibited activities, and any breach of your representations and warranties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, assumption of risk agreement, release of claims, indemnity, limitations of liability, and dispute resolution.

1.18 FEEDBACK:

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (collectively, “Feedback”). You may submit Feedback by emailing us at [email protected] with “Highon-Feedback” in the subject line. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. Highon always value your feedback and any recommendations, we are under no obligation to utilise them and we are not obligated to pay you for them if we did or keep them a secret.

1.19 THE TERMS OF DISAGREEMENT:

In case of any exemptions from the above-mentioned terms and conditions, Highon should give its agreement through a written approval. In case of any point in the agreement is unenforceable the remaining terms and conditions remain in effect. No third party is involved in agreement. User can never transfer their agreement of alignment with any individual/organization without Highon’s written consent. We can delegate our duties and rights to others. This might happen, for instance, if our ownership changes (as in a merger, acquisition, or sale of assets) or due to a legal need.

1.20 HANDLING DISPUTES:

If a claim or dispute arises out of or relates to your use of the Service as a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you under the jurisdiction of the courts of Hyderabad, Telangana. All other claims and disputes are also resolved under the jurisdiction of the courts of Hyderabad, Telangana.