These terms and conditions (“Terms of Service”) govern your use of our website and software application (together referred to as the “Service”). By accessing or using the Service, you agree to be bound by these Terms of Service. If you do not agree with these Terms of Service, you may not use the Service.
Accounts:
- You must provide accurate and complete registration information when you create an account.
- You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may cancel your account at any time. However, refunds will not be provided for any unused portion of the Service.
- We reserve the right to terminate or suspend your access to the Service for any reason, including, but not limited to, violation of these Terms of Service.
- You are solely responsible for any and all activity that occurs under your account.
Use of Service:
- The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind, either express or implied.
- The Service is intended for entertainment purposes only. It should not be used as a substitute for professional advice.
- We make no representation or warranty that the Service will meet your requirements, or that it will be uninterrupted or error-free.
- You acknowledge that the Service may generate inaccurate information, and use of the Service is at your own risk.
- You acknowledge and agree that the Service is not intended to be used for any illegal or unauthorized purpose.
Intellectual Property:
- All materials contained in the Service, including software, text, graphics, images, and logos, are the property of the Service or its licensors and are protected by copyright, trademark and other intellectual property laws.
- You may not reproduce, modify, distribute or otherwise use any of the materials in the Service without our prior written consent.
- We reserve the right to terminate the accounts of users who infringe upon the intellectual property rights of others.
Limitation of Liability:
- You acknowledge and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or inability to use the Service.
- In no event shall our total liability exceed the amount paid by you to us during the previous twelve (12) months, or one hundred dollars ($100), whichever is greater.
Indemnification:
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or your violation of these Terms of Service.
Modifications:
We reserve the right to modify or terminate the Service or these Terms of Service at any time, without notice, and without liability to you.
Governing Law:
These Terms of Service will be governed by and construed in accordance with the laws of […], and you consent to the exclusive jurisdiction and venue of the courts located in […] for any disputes arising out of these Terms of Service.
AI Assistants Legal Disclaimer:
Our service and the AI assistants we provide do not constitute legal advice. The AI assistants and the Service do not substitute legal advice provided by licensed attorneys. The use of the Service and AI assistants is for entertainment purposes only. We do not guarantee the accuracy or completeness of their responses, and their guidance should be taken as informational and not relied upon as professional advice. If you need legal advice, you should contact a licensed attorney in your jurisdiction.
AI Assistants Medical Disclaimer:
Our service and the AI assistants we provide do not constitute medical or mental health advice, recommendations, diagnosis, or treatment. The AI assistants and the Service do not substitute medical advice provided by licensed professionals. The use of the Service and AI assistants is for entertainment purposes only, and is intended to provide general guidance on health and fitness concepts. We do not guarantee the accuracy or completeness of their responses, and their guidance should be taken as informational and not relied upon as professional advice. If you need medical or mental health advice, you should contact a licensed medical professional or therapist in your jurisdiction.
AI Assistants Likeness:
It’s important to note that while some AI assistants are based on or are similar to historical characters and real-life individuals, others are purely fictional. Therefore, any resemblance, likeness or similarity that the AI assistants may possess to any individuals or entities should not be taken to imply endorsement, association or affiliation.
No Right to a Physical Copy
Unless otherwise specifically provided in these Terms of Service, you do not have the right to receive a physical or tangible copy of the Service, including any applications or software used or provided to you by the Service. You are granted a non-exclusive, non-transferable, and revocable license to access and use the Service for your own personal, non-commercial use. You understand and agree that the license granted hereunder is not a sale of any portion of the Service, and that no title or ownership interest in the Service or any portion thereof is transferred or assigned to you.
Term, Termination, and Renewal:
The initial term of this agreement will commence on the date your account is created and will continue on a month-to-month basis, unless terminated earlier according to these Terms of Service. Following the initial term, this agreement will automatically renew for successive, evergreen renewal terms of one month each, unless either party gives written notice of termination to the other party at least thirty (30) days before the expiration of the then-current term.
Either party may terminate this agreement for convenience upon written notice to the other party at any time. If terminated, you will not receive a refund of any fees paid for the then-current term, but you will not be billed for any subsequent terms. Additionally, if you’re found by us to have breached these Terms of Service, we reserve the right to terminate or suspend your access to the Service without notice, and without liability to you.
If you want to terminate your account or subscription, you can do so from your user account page or by contacting us at hello@heythere.ai.
Digital Purchases:
Our Service offers tokens and digital assistants for purchase. Tokens are non-refundable and can be used in your account as long as your subscription is active. You recognize and agree that once your subscription is cancelled for any reason, your tokens will be forfeited, will not be refundable and cannot be exchanged for any other value.
Digital assistants are also available for purchase in the Service. Once purchased, digital assistants are yours to access and use in your account as long as your subscription is active. If you choose to cancel your subscription for any reason, you recognize and agree that you will have no further access to the digital assistant and will have no right to a refund.
Notwithstanding the above, if we terminate your subscription for cause, you agree that you will not be entitled to any refunds or exchange for any virtual items or currency that you have accrued or purchased.
Final provisions:
These Terms of Service constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements, representations, warranties, and understandings of any kind, whether written or oral.
If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Any failure by us to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
If you have any questions about these Terms of Service, please contact us at hello@heythere.ai.