PAID SERVICES TERMS

Effective: 1 April 2024

Last Updated: 15 March 2024

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Thank you for buying something through HITALK! These Paid Services Terms apply to anything bought or sold using HITALK’s supported purchase flows and supplement our Terms of Service. You may also be asked to agree to separate terms  before accessing paid products or services. If you are under 18 (or the legal age of majority in your place of residence), you need your parent’s or guardian’s permission to make purchases through HITALK.

Use of paid services

We use third-party payment processors to transmit payments to us. By providing a payment method to us, you agree that (i) you are authorised to use the payment method you provide; (ii) you will in fact pay for the paid service by the date on which payment is due; (iii) the payment information you provide is true and accurate; (iv) we may retain the payment information and method that you and the issuer of your payment method or the applicable payment network submit to us; and (v) we are authorised to charge you for the paid service using the payment method you present. This includes any obligation you may have to pay any taxes applicable to the service you are buying. You also agree that we have permission to retain and/or share with financial institutions and our payment processors (including any institutions or processors we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase and to use the contact information (such as an email address or phone number) submitted by you to provide you with notices and disclosures relating to renewals, recurring charges and changes affecting your purchase.

Payment methods

HITALK accepts certain payment methods. These may vary by country or paid service and may change from time to time. You can update your payment methods in the ‘Billing’ section of the Settings page in your HITALK account. Please note that HITALK is not responsible for any fees or charges applied by your financial institution or payment method issuer related to our processing of your payment. In some cases, we may allow you to pay against an invoice. Invoices will be sent to the email address associated with your account and we will invoice you no more than forty-five (45) days after the purchase of the relevant service. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified on the invoice itself. All amounts are payable in United States dollars unless otherwise specified.

Subscriptions

We may allow you to purchase subscriptions to premium features and content. These subscriptions may be sold by HITALK or others (see the section on ‘Stuff sold by others’ below for more). Subscriptions purchased through HITALK and associated subscription fees are available on the ‘Subscriptions’ section of the Settings page in your HITALK account. You will find details about the subscriptions you’ve purchased from HITALK, the applicable subscription fee and the next payment due date there as well.

Billing Cycle & Automatic Subscription Renewal.

We’ll automatically bill you starting on the date you first purchase your subscription (or whenever your payment method is successfully charged) and on each periodic renewal date (monthly, annually or other renewal period) until cancellation (see ‘Cancellation’ below for more information on how to cancel a subscription). By initiating your first subscription fee payment, you authorise us to charge your payment method for recurring subscription fees on an ongoing basis. For annual subscriptions, we’ll send you a reminder of the then-current subscription fee at least 30 days, and at most 60 days, in advance of your automatic renewal or as otherwise required by applicable law. Some states and countries have mandatory laws regarding your cancellation rights and this paragraph does not override those laws. UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION , YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL CONTINUE AUTOMATICALLY AND YOU AUTHORISE US TO CHARGE YOUR PAYMENT METHOD AUTOMATICALLY FOR THE AMOUNT OF YOUR SUBSCRIPTION FEE AND ANY APPLICABLE TAXES ON EACH PERIODIC RENEWAL DATE.

Price changes.

We may, from time to time, change the price for subscriptions, but we’ll give you advance notice of such changes and their effective date either via our services or to the contact information associated with your HITALK account (or both). Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits of the subscription service after the price change effective date. You may also reject the price change by cancelling your subscription.

Termination.

We may cancel or suspend any subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Terms. If your payment is not successful (for example, if your payment method expired or has insufficient funds), we may attempt to re-run your payment method. We will also try to provide you notice of the failed payment and the opportunity to make a valid, on-time payment to us, but we are not obligated to do so. We may, in our sole discretion, choose not to cancel a subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a subscription, we may suspend your rights to use that premium service or we may change the type of privileges you have to a non-paid version of the service. Your subscription may also be terminated, in HITALK’s sole discretion, if you violate the HITALK Terms of Service or other published policies. If your HITALK account is terminated, HITALK will cancel your subscription where possible. If your HITALK account is terminated, you will not be entitled to a refund for any unused portion of your subscription.

Experimental features.

We may, from time to time, test experimental features to help us improve HITALK. Some of these features may be exclusively available for subscribers for a limited period of time. When we do this, we’ll label these features as beta features or similarly indicate that they are experimental features that may be subject to change or removal. You should not rely on these experimental features when deciding to purchase a premium subscription from HITALK, as we may modify or remove them at our discretion.

Promotions

We may occasionally offer promotions on paid services. The specific terms of each promotion will be stated at the time the promotion is offered. If you receive a discount, use a voucher code or subscribe during a free trial or other promotion, your subscription will renew automatically for the full price of the subscription at the end of the promotional period. You must cancel the subscription prior to the end of the promotional period in order to avoid incurring further charges. After renewal, you may cancel your subscription at any time as described in the ‘Cancellation’ section above. Taxes and fees

You’re responsible for all applicable taxes, data plans, internet fees and other fees associated with your use of the services, and we’ll charge tax as required by applicable law.

Changes to services:

We may change our paid services, in whole or in part, without notice to you if such changes are necessary, minor in nature or required for legal or regulatory reasons. Necessary changes may include changes required to ensure the ongoing operation of our paid services, to prevent fraud or abuse, or to enhance existing features or to add additional features to the paid services, or to maintain the security of the services. If we make changes that will have a material negative impact on your use of the paid services or will remove existing paid features (except as described in Experimental Features above), we will provide you with reasonable advance notice. Additionally, we may decide to stop offering paid services, including subscriptions at any time, including in response to unforeseen circumstances beyond our control or to comply with a legal requirement. In this case, we’ll cancel your subscription and refund the prorated portion of any prepaid subscription fee equal to the remaining unused term of the subscription.

Statutory warranties & Updates

If you reside in the European Union, we have a legal obligation to make sure that anything bought or sold from us through our services conforms to the contract of sale. This excludes content, goods and services sold by others (as mentioned under the paragraph ‘Stuff sold by others’ above). As part of this obligation, we will, from time to time, provide updates for security and/or technical reasons. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for an update. You may lose the right to invoke certain rights if you do not install the latest available updates.

If you reside in the European Union, our commercial warranty does not affect any consumer rights you might have under applicable law in case of non-conformity of content, goods and/or services.

Right of Withdrawal

When you purchase paid services from HITALK, you are provided with access to this content immediately after your purchase is completed. If you reside in the European Union and seek to purchase paid services on HITALK, you will be presented with a waiver to your right to cancel your subscription or purchase. If you wish to complete the purchase, you must agree to this waiver.