Terms of Service

When you use any Heyea products or services, you are agreeing to these latest Terms of Service ("Terms"). Violation of these terms may, at our discretion, result in us terminating your account.

We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page.

Definitions

"Company", "we", "our", or "us" in any of our policies or terms, refers to Heyea, LLC.

"Services" refers to our websites, including heyea.com, and any product created and maintained by Heyea, LLC. That includes Heyea (all versions), whether delivered within a web browser, desktop application, mobile application, or another format.

Finally, "you" or "your" refers to the people or organizations that own an account with one or more of our Services.

Account Terms

1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose outlined in our Restricted Usage section and you may not permit any of your users to do so, either.
3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Account Ownership Policy

Accounts are owned by the organization detailed during signup, if this is a legal entity. If the organization is unincorporated, the account is owned by the individual who signed up for the account.

When you sign up and create a Heyea account, the person who originally signed up for the account is default designated the primary Account Owner or Manager, but the role can be reassigned. Again, unless the organization is not a legal entity, the account and data held it in, is ultimately owned by the organization.

Payment, Refunds, and Plan Changes

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card or sell your data.
2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

We want satisfied customers, not hostages. That's why we make it easy for you to cancel your account directly in all of our products.

Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else. If you no longer know who the account owner is, contact us, and we'll reach out to any current account owners at the email addresses we have on file.

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
4. We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time, including, but not limited to violations of our Restricted Usages.
5. Our employees are like good friends to us. Therefore, any verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

What happens when you cancel an account?

If you have a paid Heyea account, you can cancel your subscription and keep using your account until your paid period expires. Then the account will be automatically canceled and will become inaccessible. You can also choose to cancel your account earlier.

We'll permanently delete the content in your account from our servers 30 days after cancellation, and from our backups within 90 days. Retrieving content for a single account from a backup isn't possible, so if you change your mind you'll need to do it within the first 30 days after cancellation. Content can't be recovered once it has been permanently deleted.

We won't bill you again once you cancel. We don't automatically prorate any unused time you may have left.

Heyea-initiated cancellations

We may cancel accounts if they have been inactive for an extended period:

• For trial accounts: For Heyea: 60 days after a trial has expired without being upgraded
• For frozen accounts: 60 days after being frozen due to billing failures
• For free accounts: after 90 days of inactivity

We also retain the right to suspend or terminate accounts for any reason at any time, as outlined in this agreement. In practice, this generally means we will cancel your account without notice if we have evidence that you are violating the Restricted Usage section of this agreement.

Modifications to the Service and Prices

1. We intend to support our Services as far as it is possible and reasonable to do so. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, HEYEA, LLC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements, but do take uptime of our applications seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
4. You agree that Heyea may process your data as described in our Privacy Policy and for no other purpose. On rare occasion, our staff may access your data for the following reasons:
   • To help you with support requests you make. We'll ask for express consent before accessing your account.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
   • To safeguard Heyea. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
   • To the extent required by applicable law. As a U.S. company with its main data infrastructure located in the US, we only preserve or share customer data if compelled by a U.S. government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-U.S. authority approaches Heyea for assistance, our default stance is to refuse unless the order has been approved by the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Heyea is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
6. Under the California Consumer Privacy Act ("CCPA"), Heyea is a "service provider", not a "business" or "third party", with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, and our Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. Similarly, you agree to comply with your requirements under the CCPA and not use Heyea's Services in a way that violates the regulations.

Copyright and Content Ownership

1. All content posted on the Services must comply with U.S. copyright law.
2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Copyright Infringement Claims

As described in our Restricted Usage section, you can't use Heyea products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.

Under the Digital Millennium Copyright Act (17 U.S.C. § 512), you have the right to notify us (Heyea, LLC) if you believe that an account user of any product we built and maintain has infringed on your work(s) as copyright owner. To be effective, the notification of claimed infringement must be written. Please include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work(s) claimed to have been infringed. If there are multiple, please share a representative list of those works.
• A way for us to locate the material you believe is infringing the copyrighted work.
• Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address works too.
• A statement that you, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Digital Millennium Copyright Act ("DCMA") Counter-notifications

If you believe your material has been removed in error, you can file a written counter-notification. Please include the following information:

• A physical or electronic signature, or the signature of the person authorized to act on your behalf.
• A description of the material that was removed.
• A description of where the material appeared in Heyea products prior to their removal.
• Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address is also acceptable.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, in the District of Texas (where Heyea is incorporated).
• A statement that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. (In other words, you've designated that person to receive documents on your behalf.)

Where to Send Notices

You can notify us of either copyright infringement claims or DCMA counter-notifications through either of the following channels:
By email: policies@heyea.ai

Restricted Usage

When you use any of Heyea's subscription products, you agree not to:

• Use the products to break any laws or regulations.
• Gather or use information from accounts that aren't yours.
• Attempt to deceive us or other users by making false reports or pretending to be someone else.
• Bypass or interfere with the security features of the products.
• Overload or disrupt any configuration or operations of the products.
• Send or try to send viruses or any malware, or add tracking tools like web bugs and cookies to the products.
• Harass or threaten other users, or any of our employees.
• Speak ill of or damage, in our view, us or the products.

In addition to the above, we reserve the right to suspend or cancel any account, at any time, without notice.

How to Report Abuse

Report violations by emailing developers@heyea.ai with details about the account and the issue, including URLs or screenshots. If you need to send files securely, ask us for a link. We keep your identity confidential.

Services Adaptations and API Terms

We may offer Application Program Interfaces ("API"s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR HEYEA'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE HEYEA'S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, HEYEA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT HEYEA OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, HEYEA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. HEYEA AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH HEYEA.

Controlling Law

These Terms will be governed by Texas law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Heyea, LLC with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment

Heyea's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Heyea, LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms to better reflect:

1. changes to the law,
2. new regulatory requirements, or
3. improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don't agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

If you have a question about any of these Terms, please contact our Support team, policies@heyea.ai.