Terms of Use

1.1 Minimum Age

You must be at least 16 years old or meet the minimum age requirement in your country to use the Services. If you are under 18, you must obtain parental or legal guardian consent to use the Services.

1.2 Registration

Following our privacy-centric approach, you can access the Services without prior registration. However, registering with us may be necessary for additional benefits such as device synchronization. Registration involves entering and confirming your email address and/or phone number. You must provide accurate and complete information to register for an account and use our Services. You may not share your account credentials or grant access to your account to anyone else. You are responsible for all activities carried out under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

2.1 Access and Usage

Subject to these terms, you may access and utilize our services. By using our services, you agree to comply with all applicable laws, as well as these terms and any other documentation, guidelines, or policies we provide to you.

2.2 Prohibited Actions

You may not use our services for any illegal, harmful, or offensive activity. For instance, you may not:

Utilize our services in a manner that infringes upon, misappropriates, or violates the rights of others. Alter, copy, lease, sell, or distribute our services.Attempt to or assist anyone in disclosing the source code or underlying components of our services, including our models, algorithms, or systems (except where this restriction is prohibited by applicable open-source license terms or applicable law).Interfere with or disrupt our services, including circumventing any limitations or restrictions or bypassing any protective measures or safeguards we have in place.Provide Feedback

We value your feedback and agree to use it without limitations or compensation to you.

3.1 Your Content

You can contribute to the Services by providing input ('Input') and receiving output based on the Input ('Output'). Input and Output collectively form the 'Content.' You are accountable for the Content and its usage, ensuring it complies with applicable laws and these Terms. By providing Input to our Services, you confirm that you possess all necessary rights, licenses, and permissions.

3.2 Ownership of Content

Regarding ownership, you (a) retain ownership rights in Input, and (b) possess the Output. We hereby transfer to you all our rights, titles, and interests, if any, in and to Output.

Due to the nature of our Services and artificial intelligence, Output may not be unique, and other users may receive similar Output. However, our assignment does not extend to other users' Output or any Third-Party Output.

3.3 Our Use of Content

As part of our core principle, we do not access or require access to Content.

Periodically, we may offer you the option to provide Content to us to maintain, develop, and enhance our Services, train our models, enforce our terms and policies, and ensure the safety of our Services. Such provision of Content is voluntary and opt-in.

3.4 Accuracy

Artificial intelligence and machine learning are dynamic fields. We continuously strive to enhance our Services for accuracy, reliability, safety, and benefit. However, due to the probabilistic nature of machine learning, Output may occasionally not accurately reflect real people, places, or facts.

When using our Services, you acknowledge and agree:

- Output may not always be accurate, and it should not be relied upon as the sole source of truth or factual information, or as a substitute for professional advice.

- You must assess Output for accuracy and suitability for your use case, including human review as needed, before using or sharing it.

- You must not use any Output concerning a person for purposes that could have legal or material consequences for that individual, such as making decisions about credit, education, employment, housing, insurance, legal matters, medical issues, or other significant aspects of their life.

4. Our Intellectual Property Rights

Heliex.AI and its affiliates retain all rights, titles, and interests in and to the Services.

5.1 Billing

If you purchase any services, you agree to provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You are responsible for all applicable taxes, and we will charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our services until payment is received.

5.2 Cancellation

You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These terms do not override any mandatory local laws regarding your cancellation rights.

5.3 Changes

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice, and any price increase will take effect upon your next renewal so that you can cancel if you do not agree to the price increase.

6.1 Our Commitment to Providing Services:

We are committed to delivering our services to you with skill and care, maintaining a professional approach. While our aim is to ensure the best possible user experience for you and all our users, we cannot guarantee the indefinite provision of our services or their current form for any specific duration.

6.2 Termination:

You have the liberty to discontinue using our services at any time. We reserve the right to suspend or terminate your access to our services or delete your account if:

- You violate these terms.

- We are legally obligated to do so.

- Your use of our services poses a risk or harm to us, our users, or others.We may also terminate your account if it remains inactive for over a year without a paid subscription. In such cases, we will provide advance notice.

6.3 Discontinuation of Services:

We may choose to discontinue our services. However, if we decide to do so, we will inform you in advance and provide a refund for any prepaid and unused services.

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Terms or reasonably foreseeable at the time of entering into these Terms.

We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

OUR AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Depending on your country and state of residency, you may have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.

9.Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

This section outlines the procedure for filing a complaint if you believe that our services have infringed upon your copyright. If you have such concerns, you can contact us via email at copyright@heliex.ai. To ensure that your copyright infringement notice is reviewed, it must include the following information:

- A description of the copyrighted work that you claim has been infringed upon.

- A description of where the allegedly infringing material is located on our site.

- Your contact address, phone number, and email address.

- Your statement affirming that you believe in good faith that the disputed use was not authorized by the copyright owner, its agent, or the law.

- Your statement affirming that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

11.1 Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

11.2 Changes To These Terms Or Our Services

We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

11.3 Delay In Enforcing These Terms

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

11.4 Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

11.5 Entire Agreement

These Terms contain the entire agreement between you and us regarding the Services and, other than any possible Service-specific terms, supersedes any prior or contemporaneous agreements between you and us.

11.6 Governing Law

The validity, interpretation, construction, and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of the state of Delaware, without giving effect to principles of conflicts of law. Except as provided in the dispute resolution section above, the parties hereby submit and consent to the exclusive jurisdiction of the state of Delaware and agree that any litigation arising from these Terms shall be conducted in the courts of Delaware or the federal courts of the United States located in Delaware.

So, this section establishes the general rules and provisions governing various aspects of using our services, emphasizing our commitment to transparency and accountability.