Terms of Service

hahaboo is operated by hahaboo, a private company registered at Kathmandu, Bagmati Province, Nepal ("we", "us", "our"). These Terms of Service ("Terms") form a binding agreement between you and us covering your access to and use of hahaboo, including our website, applications, features and any related services (together, the "Service").

By creating an account, accessing the Service, or posting any content, you confirm that you have read these Terms, that you accept them, and that you have the legal capacity to enter into this agreement. If you do not accept these Terms, you must not use the Service.

Documents that form part of this agreement

• Our Privacy Policy, which explains what personal data we process and why.
• Our Community Guidelines, which set out what may and may not be posted.
• Our Cookie Policy, which explains the small number of cookies we set.
• Our Copyright and Intellectual Property Policy, which explains how to report infringement.

Where these Terms conflict with any other document, these Terms take precedence, except where the other document expressly states otherwise.

You must be at least 13 years old to use hahaboo. In the European Economic Area, the United Kingdom and any other territory that sets a higher digital-consent age, you must be at least 16 years old, or have verifiable consent from a parent or guardian.

• You must not use the Service if you are barred from doing so under any applicable law.
• You must not use the Service if we have previously terminated your account, unless we give written permission for you to return.
• If you use the Service on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.

You are responsible for everything that happens under your account. Keep your password confidential, use a password you do not reuse elsewhere, and sign out of devices you no longer control. You can review and revoke every signed-in device from Settings.

• Provide accurate registration information and keep it current.
• Do not share your account, sell it, or transfer it to anyone else.
• Do not create an account for someone else without their permission.
• Do not maintain multiple accounts to evade enforcement action, inflate engagement, or manipulate any ranking.
• Tell us immediately at support@hahaboo.com if you suspect unauthorised access.

We may reclaim a username that is inactive, impersonates another person or brand, infringes a trademark, or is used in bad faith.

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own non-commercial enjoyment and for lawful commercial promotion of your own content.

This licence does not transfer ownership of anything. We and our licensors keep all rights in the Service itself, including its software, design, trademarks, and the arrangement and presentation of content.

What this licence does not permit

• Copying, scraping, crawling, harvesting or bulk-downloading content or data from the Service, by any automated or manual means, except through features we provide for that purpose.
• Reverse engineering, decompiling or attempting to derive source code, except to the extent this restriction is prohibited by law.
• Using the Service to build a competing product, or to train a machine-learning model on content you do not own.
• Removing, obscuring or altering any notice of ownership, attribution or watermark.
• Reselling, sublicensing or commercially exploiting any part of the Service.

You keep ownership of everything you post: your images, videos, reels, captions, comments, stories and messages ("Your Content"). We do not claim ownership of it.

The licence you grant us

To operate hahaboo at all, we need permission to store your content and show it to the people you post it to. By posting Your Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, cache, reproduce, adapt (for example, to resize or transcode a video), publish, publicly perform, publicly display and distribute Your Content, solely for the purpose of operating, promoting and improving the Service.

• This licence is limited to running the Service. We do not sell Your Content to third parties.
• The licence ends when you delete Your Content or your account, except for copies already shared by others, copies retained in backups for a limited period, and copies we must keep to comply with a legal obligation.
• For content you set to "Only me" or send in a direct message, the licence is limited to storing and delivering it to the intended recipients.
• You waive any moral rights only to the extent necessary for us to display Your Content as you posted it.

What you promise about your content

1. You own Your Content, or you have every licence, right, consent and permission needed to post it and to grant us the licence above.
2. Your Content does not infringe anyone else's copyright, trademark, privacy, publicity or other rights.
3. Your Content does not breach these Terms, our Community Guidelines, or any applicable law.
4. Any person identifiable in Your Content has consented to appearing in it and to its publication.

What this means in practice

1. If content you post infringes copyright, trademark, privacy, publicity, confidentiality or any other right, the claim lies against you. You are the publisher of your content; we are the host of it.
2. If content you post is defamatory, harassing, deceptive, unlawful, or causes loss to anyone, liability for that content is yours.
3. If a third party brings a claim, regulatory action or prosecution against us because of content you posted, the indemnity below applies and you must reimburse our costs.
4. If you use someone else’s image, footage, music, screenshot, character or brand in a meme, obtaining the necessary rights is your responsibility, not ours. Parody and fair-dealing defences exist in some countries and not in others, and their scope differs. We express no view on whether any defence applies to anything you post.
5. If you post content on behalf of an organisation, you confirm you are authorised to bind it, and it is bound by these Terms alongside you.

We are a host, not an author

hahaboo is a neutral technical platform. Content is transmitted, stored and displayed automatically at the direction of the user who posted it. We do not pre-screen content before publication, we do not edit it for meaning, and we do not adopt it as our own. Where we rank, recommend or remove content, we do so to operate and moderate the Service - not as an endorsement of the content, and not as an assumption of authorship.

We operate hahaboo as an intermediary hosting service. In the jurisdictions listed below, the law recognises that a host is not liable for third-party content it did not create, provided it acts on valid notice. We rely on those protections, and nothing in these Terms should be read as a waiver of them.

No general obligation to monitor

We do not monitor all content, and we are not required to. Moderation is carried out on a best-efforts basis, in response to reports, automated signals and our own review. The absence of action on a particular item is not a decision that the item is lawful or compliant.

Acting on notice does not change our status

Removing content, restricting an account, or cooperating with a lawful request does not make us the publisher of any content, does not create a duty to act in any other case, and does not waive any defence otherwise available to us.

How to put us on notice

To give us actual knowledge of unlawful content, use the in-product report tool or write to safety@hahaboo.com for safety matters and copyright@hahaboo.com for intellectual property. A notice must identify the specific content by link, explain why it is unlawful, and give contact details. General complaints without a link do not constitute notice.

Our Community Guidelines set out our content rules in detail and form part of these Terms. In summary, you must not use the Service to post, send, upload or facilitate any of the following.

Content that is never permitted

• Any sexual content involving a minor, or any content that sexualises, grooms, endangers or exploits a person under 18. We report this to the relevant authorities.
• Content that promotes, incites, praises or threatens violence, terrorism or the abuse of any person or group.
• Hate speech, or content that attacks or dehumanises people on the basis of race, ethnicity, national origin, caste, religion, disability, disease, sex, gender identity, sexual orientation or immigration status.
• Harassment, stalking, targeted abuse, coordinated pile-ons, or content designed to shame or humiliate a specific person.
• Non-consensual intimate imagery, or any sexual content involving a person who has not consented to its publication.
• Personal information published without consent, including addresses, phone numbers, identity documents, financial details and private communications.
• Content that promotes self-harm, suicide or eating disorders.
• Fraud, scams, phishing, pyramid schemes, counterfeit goods, or the sale of regulated goods such as drugs, weapons, or human organs.
• Malware, viruses, or anything intended to damage or gain unauthorised access to a device, network or account.
• Impersonation of another person, brand or organisation in a way that is likely to deceive.
• Content that infringes copyright, trademark or other intellectual property rights.

Conduct that is never permitted

• Automated access, scraping, or use of bots, except where we have given written permission.
• Artificially inflating reactions, comments, follows, views or any other metric, including by buying or trading engagement.
• Interfering with the Service, its infrastructure, or any other user's use of it, including through denial-of-service attempts.
• Probing, scanning or testing the security of the Service without our prior written consent.
• Circumventing any access restriction, rate limit, block or enforcement action.
• Collecting or storing other users' data other than through features we provide.
• Using the Service for any unlawful purpose, or in breach of any export control or sanctions law.

Some content is lawful but not suitable for every audience. If you post content involving graphic imagery, strong language, or adult themes, you must mark it as sensitive using the control in the composer. Marked content is blurred behind a warning until a viewer chooses to reveal it.

• Repeatedly failing to mark sensitive content may result in enforcement action against your account.
• We may apply a sensitivity label ourselves if we judge that content requires one.
• Sexual content, gratuitous gore and shock content are not permitted at all, whether marked or not.

Reels are short vertical videos. Stories disappear from the Service 24 hours after they are posted.

• All rules in these Terms and our Community Guidelines apply equally to reels, stories and direct messages.
• Ephemeral does not mean private. Anyone who can see a story can capture it. Do not post anything to a story that you would not want kept.
• Automatic expiry removes a story from the Service. It does not retrieve copies other people have already saved or shared.
• Audio you add to a reel must be audio you have the right to use. Uploading a commercial recording without a licence may result in removal of the reel and action against your account.
• Reel view counts, watch time and completion rates may be used to rank content. We do not guarantee any level of distribution for any post.

Direct messages are delivered to the people in a conversation and are not published to the wider Service. They are not end-to-end encrypted. We can access message content where necessary to investigate a report, to comply with a legal obligation, or to protect the safety of a person.

• Do not use messages to send spam, solicit strangers, or distribute content prohibited by these Terms.
• Blocking a person prevents them from messaging you.
• Deleting a conversation removes it from your view. The other participants keep their copy.

We may review content and accounts, and we may act on content that breaches these Terms or our Community Guidelines. We are not obliged to monitor content proactively, and reviewing some content does not create a duty to review all of it.

Actions we may take

Notice and appeal

Where we remove content or restrict an account, we will tell you what happened and why, unless doing so is prohibited by law or would compromise an investigation. You may appeal by writing to support@hahaboo.com within 30 days. We review appeals and restore content where we conclude we acted in error.

We operate a repeat-infringer policy: accounts that repeatedly breach these Terms, or that are the subject of repeated valid copyright complaints, will be terminated.

Every post, comment, story, reel and account can be reported from its own menu. Reports go to a moderation queue and are reviewed by our team.

• For safety emergencies and threats to life, contact your local emergency services first, then write to safety@hahaboo.com.
• For copyright and trademark complaints, follow the process in our Copyright and Intellectual Property Policy or write to copyright@hahaboo.com.
• For privacy complaints, including publication of personal information, write to privacy@hahaboo.com.
• Submitting reports you know to be false is itself a breach of these Terms.

The hahaboo name, logo, wordmark, interface design, software and all related intellectual property belong to hahaboo or its licensors. Nothing in these Terms transfers any of those rights to you.

• You may not use our name or logo in a way that suggests we endorse you, sponsor you, or are affiliated with you.
• You may not register a domain name, username or trademark that is confusingly similar to ours.
• Feedback you send us about the Service may be used freely, without obligation or compensation.

The Service relies on third-party providers for hosting, media delivery, and email. It may also contain links to websites we do not control.

• We are not responsible for the content, policies or practices of any third-party website or service.
• Following a link is at your own risk, and the third party's terms and privacy policy apply.
• Our Privacy Policy lists the categories of processors we use and what they handle.

We aim to keep the Service available, but we do not promise uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Service at any time.

• We may add, change or remove features without prior notice.
• We may impose limits on storage, upload size, posting frequency or any other aspect of the Service.
• Where we discontinue the Service entirely, we will give reasonable notice and, where practicable, a means to export your content.

hahaboo is currently provided free of charge. If we introduce paid features, we will publish the terms and pricing before they take effect, and paid features will be optional unless we tell you otherwise and give you the opportunity to stop using the Service.

Termination by you

You may stop using the Service at any time, and you may delete your account from Settings. Deletion begins a 30-day grace period during which signing back in cancels it. After the grace period, your account and content are permanently removed, subject to the retention rules in our Privacy Policy.

Termination by us

• We may suspend or terminate your account if you breach these Terms, if we are required to do so by law, or if continuing to provide the Service to you would create legal or safety risk.
• We may terminate an inactive account after a prolonged period of inactivity, with notice to your registered email address.
• Where the breach is not serious, we will normally give notice and an opportunity to correct it first.

The following survive termination: the licence you granted for content already shared with others, our intellectual property rights, disclaimers, limitation of liability, indemnity, and the governing-law and dispute-resolution provisions.

hahaboo lets you interact with people you may not know. We do not vet users, verify identities, or check whether anything anyone tells you is true.

• We are not a party to interactions between users, and we have no obligation to intervene in one.
• Content posted by another user is that user’s content, not ours, and not a statement by us.
• If you arrange to meet, transact with, or send anything of value to another user, you do so entirely at your own risk.
• If you are a resident of California, you waive California Civil Code section 1542, which says a general release does not extend to claims the creditor does not know of at the time of release. Where equivalent local provisions apply, you waive those too, to the extent permitted.

In particular, and without limiting the above:

• We do not warrant that the Service will be uninterrupted, secure, timely, or free of errors, viruses or other harmful components.
• We do not endorse, verify, or take responsibility for content posted by users. Opinions expressed in user content are those of the people who posted it.
• We do not guarantee that moderation will catch every breach of our rules, or that it will never act in error.
• We do not guarantee any level of reach, views, reactions or engagement for any content.
• We do not warrant that content on the Service is accurate, lawful, original, or safe to reuse. Memes are frequently satirical, exaggerated or fictional, and should not be relied on as statements of fact about any person, product or event.
• We do not warrant that any file you download or link you follow is free of malware, and we do not control the destination of links posted by users.
• We do not guarantee that content you post will be preserved. Keep your own copies of anything you cannot afford to lose.
• No advice or information obtained from us or through the Service creates any warranty not expressly stated here.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the maximum extent permitted, and nothing in these Terms limits any non-excludable statutory right you have as a consumer.

Matters we are not liable for at all

To the maximum extent permitted by law, we have no liability arising out of or relating to:

1. content posted, sent or transmitted by any user, including you;
2. the conduct of any user, on or off the Service, and any dispute between users;
3. unauthorised access to, alteration of, or loss of your content or data, where that occurred despite the security measures described in our Privacy Policy;
4. any interruption, suspension, degradation or discontinuation of the Service, whether planned or not;
5. any decision to remove, restrict, rank, demote or reinstate content or an account, including a decision later shown to be mistaken;
6. any third-party website, application, advertisement or service reached through the Service;
7. any loss caused by your failure to keep your credentials secure, or by your use of the Service in breach of these Terms.

Basis of the bargain

The Service is provided free of charge. The disclaimers and limits in these Terms are a fundamental basis on which we make it available to you, they allocate risk between us, and the Service would not be offered on any other basis. They apply even if a limited remedy is found to have failed of its essential purpose, and they survive termination of these Terms.

These limits apply regardless of the legal theory relied on - contract, tort, negligence, strict liability, statute or otherwise - and even if we have been advised of the possibility of the loss. They apply in the aggregate across all claims, not per claim. They do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or to any other liability that cannot lawfully be limited or excluded, and they do not affect any non-excludable right you have as a consumer.

You agree to indemnify and hold harmless hahaboo, its officers, directors, employees and agents from and against any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of or connected with:

1. your use of the Service;
2. Your Content, including any claim that it infringes a third party's rights;
3. your breach of these Terms or of any applicable law; or
4. your violation of the rights of any other person;
5. any content you posted that a third party alleges to be infringing, defamatory, unlawful or harmful; or
6. your use of the Service in a way that exposes us to a regulatory penalty, court order or tax liability.

This indemnity covers legal fees, court costs, settlement amounts, fines and the reasonable internal cost of responding, and it survives termination of your account.

We may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence at your expense. You may not settle any matter in a way that imposes an obligation or admission on us without our written consent.

Governing law

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes), are governed by the laws of Nepal, without regard to conflict-of-laws rules. Where you are a consumer resident elsewhere, this choice does not deprive you of the protection of mandatory provisions of the law of your country of residence.

Step one: write to us

Before commencing arbitration or proceedings, you agree to send a written notice of dispute to legal@hahaboo.com setting out your name, the account concerned, a description of the dispute and the specific relief you seek. We will do the same before bringing a claim against you. Both of us agree to attempt resolution in good faith for 30 days from receipt. This step is a condition precedent to any formal proceeding, and the limitation period is paused while it runs.

Step two: binding individual arbitration

If the dispute is not resolved within 30 days, either of us may refer it to final and binding arbitration by a single arbitrator, seated in Kathmandu, Bagmati Province, Nepal, conducted in English, under the arbitration rules in force in Nepal at the time of referral. Judgment on the award may be entered in any court of competent jurisdiction.

• The arbitrator decides all issues, including the scope, enforceability and formation of this arbitration agreement, except that a court decides whether the class-action waiver below is enforceable.
• The arbitration is confidential. Neither party may disclose the existence, content or result except as required by law or to enforce the award.
• Each party bears its own costs unless the arbitrator awards otherwise. Where a claim is for a small sum, we will not seek our costs from you unless the claim was brought in bad faith.
• The arbitrator may award any remedy available in court to that party individually, but may not award relief for or against anyone who is not a party.

Your right to opt out of arbitration

You may opt out of the arbitration agreement by emailing legal@hahaboo.com with the subject line "Arbitration opt-out", stating your username and registered email, within 30 days of first accepting these Terms. Opting out costs you nothing, does not affect your account, and leaves the rest of these Terms - including the class-action waiver and the choice of courts below - in force.

Exceptions to arbitration

• Either of us may bring an individual claim in a small-claims court that has jurisdiction.
• Either of us may seek urgent injunctive or other equitable relief from a court to prevent infringement or misuse of intellectual property, unauthorised access, or an imminent harm.
• Nothing here prevents you from reporting a matter to a regulator or other public authority.

Waiver of class actions and jury trial

If the class-action waiver is held unenforceable as to a particular claim or remedy, that claim or remedy is severed from arbitration and brought in the courts named below, and the remainder of this section continues to apply to all other claims.

Courts

Where a dispute is not subject to arbitration, is exempted above, or where you have opted out, it is subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal. Nothing in this section prevents a consumer from bringing proceedings in the courts of their country of residence where local law gives them that right, or deprives them of a right to bring proceedings in a forum that local law makes mandatory.

Time limit on claims

Any claim arising out of these Terms or the Service must be commenced within one year of the date the claim arose, or it is permanently barred, except where a longer period is required by law and cannot be shortened by agreement.

Changes to this section

If we materially change this section, the change does not apply to a dispute of which we already had written notice, and you may reject the change by writing to us within 30 days, in which case the version you accepted continues to govern.

We may update these Terms as the Service changes or as the law requires. When we do, we will update the "last updated" date at the top of this page.

• For material changes, we will give at least 30 days' notice by email or by an in-product notice before the change takes effect.
• If you continue using the Service after a change takes effect, you accept the updated Terms.
• If you do not accept a change, you should stop using the Service and delete your account before the change takes effect.
• We keep the previous version available on request.

• Entire agreement: these Terms, together with the documents referenced in section 1, are the entire agreement between you and us about the Service, and replace any earlier agreement on the same subject.
• Severability: if any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remaining provisions continue in force.
• No waiver: if we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Assignment: you may not assign or transfer these Terms without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition or sale of assets, on notice to you.
• No third-party rights: no one other than you and us has any right to enforce these Terms.
• Force majeure: neither party is liable for a failure to perform caused by an event beyond its reasonable control.
• Language: these Terms are written in English. Any translation is provided for convenience, and the English version governs in case of conflict.
• Notices: we send notices to your registered email address or through the Service. You send notices to the addresses in the contact section.