End User License Agreement Terms of Service xCommunications, LLC. (“Hola, sayHola, callOut or Together”) employs state-of-the-art security features including end-to-end encryption to provide private messaging, Internet mobile calling, group conferencing, and a range of other services to users globally. You agree to our End User License Agreement (EULA) / Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”).

About our services

Minimum Age. You must be at least 13 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your home country.

Account Registration. To create an account you must register for our Services using your phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with verification codes to register for our Services.

Privacy of user data. Hola does not sell, rent or monetize your personal data or content in any way – ever. Please read our Privacy Policy to understand how we safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to the UK, Ireland, United States and other countries where we have or use server facilities, service providers or partners. Examples would be Third Party Providers sending you a verification code, including support tickets though all customer support is handled by sayHola directly.

XRP Rewards Program. The sayHola Loyalty Program is available to all sayHola users. Your participation in the Program is subject to all present and future sayHola terms and conditions herein, and the Rewards Programs terms of use. XRP Rewards are earned through user participation and can be redeemed for money through a user myxpay.net account.

Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.

Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services. You are responsible for any taxes, fees that may be associated with the downloading of the app, including the related third-party charges / credit card / debit card charges that may occur during your purchase of any in-app products and/or services.

Using Hola

Our Terms and Policies. You must use our Services according to our EULA / Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Account Registration. To create an account you must register for our Services using your phone number. You agree to receive a text messages and phone calls (from us or our third-party providers) with verification codes to register for our Services. You also agree that when choosing your username during registration you consent to choose a name that best suits you and does not impede on any copyright names or recognized names of others, including names that might be misinterpreted like Abuse or Postmaster and others. Furthermore, usernames containing the words sayHola or Admin cannot be claimed. Usernames may contain letters, numbers, and symbols, must be at least 4 characters in length and no more than 30. sayHola reserves the right to suspend or cancel any username that falls outside of these parameters.

Important Note for all sayHola users: Concerning all paid accounts, if your Premiums are not paid at the due date your sayHola account will revert to a Basic account. If your Basic account is dormant for a period in excess of 90 calendar days, your account will expire. If your account expires, the contents of your XRP Rewards will also expire (see Rewards Program Terms of Use). sayHola users will receive several SMS messages to remind them of all important expiration dates. As a user, it is your responsibility to pay attention to these important dates.

Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Hola, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as unauthorized bulk messaging, auto-messaging, and auto-dialing.

Harm to sayHola. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Hola, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner.

Keeping Your Account Secure. Hola embodies true privacy and does not have the ability to access your messages. You are responsible for keeping your device and your sayHola account safe and secure. If you lose your phone, follow the steps on our Support site to re-register for our Services. When you register with a new device, your old device will stop receiving all messages and calls.

No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.

Third-party services. Our Services may allow you to access, use, or interact with third-party services. When you use third-party services, their terms and privacy policies govern your use of those services.

Your Rights and License with Hola

Your Rights. You own the information you submit through our Services. You must have the rights to the phone number you use to sign up for your Hola account.

Hola’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact copyright@holaphoneapp.com.

Hola’s License to You. Hola grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.

Disclaimers and Limitations Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. HOLA DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “HOLA PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

Limitation of liability. THE HOLA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE HOLA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED AND TWENTY-NINE DOLLARS AND NINETY-NINE CENTS ($129.99) OR, THE COST OF YOUR MEMBERSHIP, WHICHEVER IS LOWER. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WHERE CONCERNS RELATE TO THE LAWS OF THE UNITED STATES, SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE HOLA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

Resolving Disputes and Ending Terms
This Terms of Use and any matter or dispute arising out of or related to your use of any sayHola products and Services, shall be resolved by binding arbitration, and further, shall be governed, construed, and enforced in accordance with the Laws of the Federation of Saint Christopher and Nevis (St Kitts & Nevis), without regard to its conflict of laws rules. Arbitration shall be governed by the St Kitts and Nevis Arbitration Act. To use sayHola you must agree that any dispute resolution proceedings will be conducted ONLY on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You may contact us at dispute@holaphoneapp.com.

General
Hola may update the EULA / Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior EULA / Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and sayHola regarding our Services. If you do not agree with our EULA /Terms, you should stop using our Services.  If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the EULA / Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at terms@holaphoneapp.com. 



Effective as of May 25, 2018
Updated March 24, 2020


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sayHola
/sā/oh-lah

Verb, action, spanglish

1. a compound action statement used as a suggestion
or imperative.
“sayHola me later!”
2. a digital App method to send a private verbal,
written, video or recorded communication sent to
or left for a recipient.

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