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 Terms1. 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 OwnershipAccounts 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 Changes1. 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 TerminationWe 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. 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 60 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 cancellationsWe may cancel accounts if they have been inactive for an extended period:
* For trial accounts: 60 days after a trial has expired without being upgraded
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For frozen accounts: 60 days after being frozen due to billing failures
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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 Prices1. 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.
Restricted UsageWhen 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.
Controlling LawThese 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 AgreementThese 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 & AssignmentHeyea’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.