Terms of Service

Last updated: to be set on publication

These Terms of Service (“Terms”) are a legal agreement between you and Irish Arvin Garcia, a sole trader based in Victoria, Australia (ABN 93 312 629 856), trading as Hi 1987 (“Hi 1987”, “we”, “us”, “our”). They govern your use of the Hi 1987 mobile app, website and related services (together, the “Service”).

By creating an account, joining a tape, submitting a clip, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

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1. What Hi 1987 does

Hi 1987 lets a host create a “tape” for an event and set a filming window. The host invites contributors (guests), who join by scanning a QR code or opening a link — without downloading the app or creating an account — and record short clips. When the filming window closes, Hi 1987 assembles the clips into a film (with reels, stills and an album). The host controls who can view the result.

We may change, add or remove features at any time.

2. Who can use the Service

• You must be at least 13 years old. If you are under 18 (or the age of majority where you live), you may only use the Service with the consent and supervision of a parent or guardian who agrees to these Terms on your behalf. Some regions require a higher minimum age; where they do, that age applies.
• If you use the Service on behalf of an organisation, you confirm you are authorised to bind it to these Terms.
• You must comply with all laws that apply to your use of the Service.

3. Accounts

• Hosts create an account using Sign in with Apple or Google Sign-In. You are responsible for activity under your account and for keeping access to it secure. Tell us promptly at support@hi1987.com if you suspect unauthorised use.
• Contributors and viewers may not need an account; by participating they still agree to these Terms.
• You must provide accurate information and not impersonate anyone.

4. Your content and the licence you give us

• You own your Content. As between you and us, you keep all rights in the photos, videos, audio, captions and other material you record or submit (“Content”).
• Licence to operate the Service. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt, encode, combine and transmit your Content solely to provide the Service — that is, to assemble the film and deliver it to the host and the viewers the host chooses. This licence exists only so we can run the Service for you and ends when the Content is deleted, except for copies retained in routine backups for a limited time or as required by law.
• We will not use your Content for advertising, marketing, product demonstrations, or to train artificial-intelligence or machine-learning models, and we will not sell it.
• You are responsible for your Content and confirm you have all rights and permissions needed to submit it and grant the licence above.

5. Consent, permissions and filming responsibly

Because Hi 1987 records real people, you agree that:

• you will only film and share recordings of people where you have the right and any required consent to do so;
• you will obtain consent from a parent or guardian before filming a minor, where required;
• you will not film where filming is prohibited or unlawful, and will not record people covertly where that is illegal;
• you will respect the venue’s rules and applicable surveillance, privacy and recording laws; and
• the host is responsible for deciding who can view a film and for sharing it responsibly.

You are solely responsible for meeting these obligations. If someone objects to appearing in Content, the host should remove it, or you or they can contact us (see Section 8).

6. Acceptable use

You must not use the Service to record, submit, share or do anything that:

• is unlawful, harassing, hateful, threatening, or infringes anyone’s privacy, publicity, intellectual-property or other rights;
• is sexually exploitative of minors or non-consensual, or is intimate imagery shared without consent;
• is defamatory, deceptive, or promotes violence or illegal activity;
• contains malware, or attempts to breach, overload, reverse-engineer or gain unauthorised access to the Service;
• scrapes or harvests data, or uses the Service to build a competing product; or
• misuses another person’s account or identity.

7. Purchases, pricing and payments

• Hi 1987 is free for tapes with up to five contributors. For tapes with more contributors, you purchase the tape through a one-time in-app purchase, priced according to the number of contributors (for example, tiers at 10, 15 and above). Prices are shown in the app before you buy.
• Purchases are processed by Apple (App Store) or Google (Google Play) under their terms and payment methods. We do not receive or store your full payment-card details.
• Refunds are generally handled by Apple or Google in line with their policies. Nothing in these Terms limits any non-excludable rights you have under the Australian Consumer Law or other mandatory consumer laws (see Section 14).
• We may change prices and tiers from time to time. Changes do not affect purchases already made. Applicable taxes may apply.

8. Reporting, removal and suspension

• You can report Content or conduct that breaches these Terms by emailing support@hi1987.com. If you appear in Content and want it removed, contact the host or us.
• We may remove Content, limit features, or suspend or terminate accounts or tapes if we reasonably believe these Terms have been breached, or to comply with the law or protect the Service or other people. Where practical and lawful, we will give notice.

9. Storage, availability and deletion of tapes

• Content is not stored indefinitely. Clips, films and albums are deleted on a schedule described in our Privacy Policy (in summary: raw clips are deleted a period after the filming window closes; films for free tapes are available for a limited window; films for paid tapes are available for a longer window or until the host deletes them).
• You are responsible for downloading and keeping your own copies of anything you want to keep. We will try to remind hosts before deletion, but we are not liable for Content that is deleted in line with our published schedule.
• We do not guarantee that the Service, or any Content, will always be available, error-free or uninterrupted.

10. Our intellectual property

The Service itself — including the Hi 1987 name, logo, software, design and content we provide (but excluding your Content) — is owned by us or our licensors and is protected by law. We grant you a limited, personal, non-transferable, revocable licence to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell or reverse-engineer any part of the Service except as the law allows.

11. Third-party services

The Service depends on third parties such as Apple, Google and Supabase, each with their own terms and policies. We are not responsible for third-party services, and your use of them is subject to their terms.

12. Disclaimers

To the maximum extent permitted by law, and subject to Section 14, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that the Service will meet your requirements or that Content will be preserved, secure or error-free.

13. Limitation of liability

To the maximum extent permitted by law, and subject to Section 14:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or Content; and
• our total liability arising out of or relating to the Service is limited to the greater of (a) the amount you paid us for the tape giving rise to the claim in the [12 months] before the claim, or (b) [AUD 100].

14. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded, and where permitted, our liability for breach of such a guarantee is limited to re-supplying the services or paying the cost of having them re-supplied.

15. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses and reasonable expenses arising from your Content, your use of the Service, your breach of these Terms, or your breach of any law or of another person’s rights (including a failure to obtain a required consent under Section 5).

16. Suspension and termination

You may stop using the Service at any time and (for hosts) delete your account. We may suspend or end your access as described in Section 8, or if we discontinue the Service. Sections that by their nature should survive termination (including Sections 4 (licence, as to backups), 9, 10, 12–15 and 17–19) will survive.

17. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will update the “Last updated” date and, where appropriate, notify you in the app or by email. Your continued use of the Service after the changes take effect means you accept the updated Terms.

18. Governing law and disputes

These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them. If you are a consumer, you may also have the benefit of mandatory laws and the courts of the place where you live.

19. Apple App Store — additional terms

These terms apply if you download the app from the Apple App Store, and are required by Apple:

1. These Terms are between you and us only, not with Apple. Apple is not responsible for the app or its content.
2. Apple has no obligation to provide maintenance or support for the app. Any support requests should go to us at support@hi1987.com.
3. Apple is not responsible for any product warranties, whether express or implied. To the extent any warranty is not effectively disclaimed, and the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation.
4. Apple is not responsible for addressing any claims relating to the app, including product-liability, legal or regulatory non-compliance, or consumer-protection claims.
5. If a third party claims the app or your use of it infringes their intellectual property, we (not Apple) are responsible for the investigation, defence, settlement and discharge of that claim.
6. You confirm you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties.
7. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
8. You must comply with applicable third-party terms (for example, your carrier’s terms) when using the app.

20. Google Play — additional terms

If you download the app from Google Play, your use is also subject to the Google Play Terms of Service. To the extent of any conflict between these Terms and the Google Play terms with respect to your acquisition of the app through Google Play, the Google Play terms govern that acquisition. We (not Google) are solely responsible for the app and any support.

21. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreements on that subject.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets, or by law.
• No agency. These Terms do not create any partnership, agency or employment relationship.

22. Contact us

Hi 1987 — Irish Arvin Garcia
Email: support@hi1987.com
Website: hi1987.com
Victoria 3177, Australia