Terms of Use

Last updated February 18, 2024

1. Agreement to Our Legal Terms

Hello8 (“Company,” “we,” “us,” “our”) operates the website https://www.hello8.ai (the “Site”) and related products/services referencing these legal terms (the “Legal Terms”) (collectively, the “Services”).

Contact: support@hello8.ai

By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. If you disagree, you are prohibited from using the Services immediately.

The Company reserves discretion to modify these Legal Terms, with updates reflected in the “Last updated” date. Your continued use after changes constitutes acceptance. Users under 18 are not permitted to use the Services.

2. Our Services

Information provided through the Services is not intended for distribution where it would violate local law or trigger registration requirements. Users accessing from other jurisdictions assume responsibility for legal compliance.

The Services do not comply with industry-specific regulations (HIPAA, FISMA). Users subject to such laws may not use the Services. Users must not violate the Gramm-Leach-Bliley Act (GLBA).

3. Intellectual Property Rights

Our Intellectual Property

Hello8 owns or licenses all intellectual property in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics and associated trademarks (the “Marks”).

Content and Marks are protected by copyright and trademark laws internationally. Content is provided “AS IS” for personal, non-commercial, or internal business use only.

Your Use of Our Services

Subject to compliance with these Legal Terms, Hello8 grants a non-exclusive, non-transferable, revocable license to access the Services and download/print portions of Content for personal or internal business purposes only.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited commercially without express written permission.

Requests for other uses should be directed to: support@hello8.ai

Your Submissions and Contributions

Submissions: Directly sending questions, comments, suggestions, ideas, feedback, or information about the Services (“Submissions”) means you agree to assign to us all intellectual property rights in such Submission. Hello8 owns Submissions and may use them unrestricted for any lawful purpose without acknowledgment or compensation.

Contributions: The Services may invite participation in blogs, forums, and other features where users create, submit, post, display, transmit, publish, distribute, or broadcast content (“Contributions”). Contributions may be viewable by other users.

License Grant for Contributions: By posting Contributions, users grant Hello8 an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, perform, display, reformat, translate, excerpt, and exploit Contributions for any purpose, including commercial and advertising purposes.

4. User Representations

By using the Services, users represent and warrant:

  1. All registration information submitted is true, accurate, current, and complete
  2. Users will maintain accuracy and promptly update registration information
  3. Users possess legal capacity and agree to comply with these Legal Terms
  4. Users are not minors in their jurisdiction
  5. Users will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
  6. Users will not use the Services for illegal or unauthorized purposes
  7. Service use will not violate applicable law or regulation

If information is untrue, inaccurate, not current, or incomplete, Hello8 reserves the right to suspend or terminate the account and refuse current or future Service use.

5. User Registration

Users may be required to register. Users agree to keep passwords confidential and are responsible for all account and password use. Hello8 reserves the right to remove, reclaim, or change a username if deemed inappropriate, obscene, or objectionable.

6. Purchases and Payment

Hello8 accepts Stripe payments.

Users agree to provide current, complete, and accurate purchase and account information and promptly update account/payment information to enable transaction completion and contact.

Sales tax will be added as required. Prices may change at any time. All payments are in Euros.

Hello8 reserves the right to correct pricing errors even if payment has been requested or received. Hello8 reserves the right to refuse orders, limit quantities per person/household/order, and prohibit orders appearing to be from dealers, resellers, or distributors.

7. Subscriptions

Billing and Renewal

Subscriptions automatically renew unless canceled. Users consent to Hello8 charging the payment method on a recurring basis without prior approval for each charge, until cancellation. Billing cycle length depends on the chosen subscription plan.

Cancellation

Users can cancel subscriptions by logging into their account. Cancellation takes effect at the end of the current paid term. For questions or dissatisfaction, users should email support@hello8.ai.

Fee Changes

Hello8 may modify subscription fees at any time in its sole discretion. Fee changes become effective at the end of the then-current billing cycle. Hello8 will provide reasonable prior notice to allow termination before the change takes effect. Continued Service use after fee changes constitutes agreement to the new fee.

8. Prohibited Activities

Users may not access or use the Services except for intended purposes. Services may not be used in commercial endeavors unless specifically endorsed or approved by Hello8.

Users agree NOT to:

  • Systematically retrieve data/content to create collections, compilations, databases, or directories without written permission
  • Trick, defraud, or mislead Hello8 and other users, especially regarding sensitive account information
  • Circumvent, disable, or interfere with security features preventing/restricting use or copying of Content
  • Disparage, tarnish, or otherwise harm Hello8 and/or the Services
  • Use Service information to harass, abuse, or harm others
  • Misuse support services or submit false abuse/misconduct reports
  • Use Services inconsistently with applicable laws/regulations
  • Engage in unauthorized framing of or linking to the Services
  • Upload/transmit viruses, Trojan horses, or material interfering with uninterrupted Service use
  • Engage in automated system use (scripts, data mining, robots, extraction tools)
  • Delete copyright or proprietary rights notices from Content
  • Impersonate other users or use others' usernames
  • Interfere with, disrupt, or burden the Services or connected networks
  • Harass, annoy, intimidate, or threaten Hello8 employees/agents
  • Bypass access prevention/restriction measures
  • Copy or adapt Services software
  • Decipher, decompile, disassemble, or reverse engineer Service software
  • Use the Services to compete with Hello8 or for revenue-generating/commercial enterprise purposes
  • Violate applicable national/international law or regulation

9. User Generated Contributions

The Services may invite participation in chats, blogs, message boards, forums, and other functionality allowing users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content (“Contributions”).

Contributions may be viewable by other users and third-party websites. Contributions are treated as non-confidential and non-proprietary. When creating Contributions, users represent and warrant that contributions do not infringe third-party proprietary rights, are not false or misleading, are not unsolicited advertising, are not obscene or harassing, and do not violate applicable law.

10. Contribution License

By posting Contributions to the Services, users automatically grant Hello8 an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works or incorporate Contributions into other works, with sublicense authorization.

Hello8 does not assert ownership over Contributions. Users retain full ownership and associated intellectual property rights. Hello8 is not liable for Contributions statements/representations.

Hello8 has the right to edit, redact, or otherwise change any Contributions; re-categorize any Contributions; and pre-screen or delete any Contributions at any time and for any reason, without notice.

11. Guidelines for Reviews

Hello8 may provide areas for leaving reviews/ratings. Review guidelines require:

  1. Firsthand experience with the reviewed person/entity
  2. No offensive profanity, abusive, racist, offensive, or hateful language
  3. No discriminatory references
  4. No references to illegal activity
  5. Non-affiliation with competitors for negative reviews
  6. No legal conclusions about conduct
  7. No false or misleading statements
  8. No campaign organization encouraging others to post reviews

Hello8 may accept, reject, or remove reviews at its discretion. No obligation exists to screen or delete reviews, even if objectionable or inaccurate.

12. Services Management

Hello8 reserves the right, but not obligation, to:

  1. Monitor Services for Legal Terms violations
  2. Take appropriate legal action against violators, including law enforcement reporting
  3. Refuse, restrict access, limit availability, or disable Contributions
  4. Remove/disable excessive-size or burdensome files/content without notice/liability
  5. Otherwise manage Services to protect rights/property and facilitate proper functioning

13. Privacy Policy

Hello8 prioritizes data privacy/security. Users should review the Privacy Policy. Service use constitutes agreement to the Privacy Policy, incorporated into these Legal Terms.

The Services are hosted in France and Germany. Users accessing from regions with different personal data laws agree that continued use means transferring your data to France and Germany, and you expressly consent to have your data transferred to and processed in France and Germany.

14. Copyright Infringements

Hello8 respects others' intellectual property. Users believing material infringes their copyright must immediately notify Hello8. A Notification copy goes to the person who posted/stored the material. Users may be held liable for damages if Notifications contain material misrepresentations.

15. Term and Termination

These Legal Terms remain in force while users use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.

Hello8 may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If Hello8 terminates/suspends an account, users are prohibited from registering new accounts under their name, fake/borrowed names, or third-party names, even if acting on the third party's behalf. Beyond account termination/suspension, Hello8 reserves the right to pursue civil, criminal, and injunctive redress.

16. Modifications and Interruptions

Hello8 reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. Hello8 has no obligation to update Service information.

Hello8 cannot guarantee continuous Service availability. Hardware, software, maintenance, or other issues may cause interruptions, delays, or errors. Hello8 reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice.

Users agree that Hello8 has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

17. Governing Law

These Legal Terms are governed by and interpreted following the laws of France, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.

If users' habitual residence is in the EU and they are consumers, they possess obligatory law protections in their country of residence. Hello8 and users agree to submit to non-exclusive jurisdiction of the courts of France, meaning consumers may defend protection rights in France or their EU residence country.

18. Dispute Resolution

Informal Negotiations

To expedite resolution and control dispute costs, Parties agree to first negotiate Disputes informally for at least 30 days before arbitration. Informal negotiations begin upon written notice.

Binding Arbitration

Disputes arising from Party relationships are determined by one arbitrator chosen per European Court of Arbitration rules in effect when the arbitration application is filed. Arbitration seat is Paris, France. Proceedings language is English. Substantive law is France's law.

Restrictions

Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to informal negotiation/arbitration:

  • Disputes seeking to enforce/protect or concerning the validity of any intellectual property rights
  • Disputes related to theft, piracy, privacy invasion, or unauthorized use allegations
  • Claims for injunctive relief

19. Corrections

Service information may contain typographical errors, inaccuracies, or omissions. Hello8 reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

Some US state laws and international laws don't allow warranty limitations or damage exclusion/limitation. If these apply, some or all above disclaimers may not apply, and users may have additional rights.

22. Indemnification

Users agree to defend, indemnify, and hold Hello8 harmless, including subsidiaries, affiliates, and respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees/expenses, made by third parties due to or arising from:

  1. User Contributions
  2. Services use
  3. Legal Terms breach
  4. Representations/warranties breach
  5. Third-party rights violations (including intellectual property rights)
  6. Overt harmful acts toward other Service users

Hello8 reserves the right, at user expense, to assume exclusive defense/control of any indemnification matter, and users agree to cooperate with Hello8's defense.

23. User Data

Hello8 maintains data transmitted to Services for Services performance management and Service use data tracking. Although regular routine backups occur, users are solely responsible for all transmitted data/activity-related data. Users agree that Hello8 has no liability for any loss or corruption of any such data.

24. Electronic Communications, Transactions, and Signatures

Services visits, emails to Hello8, and online form completion constitute electronic communications. Users consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

25. California Users and Residents

If Hello8 complaints are unsatisfactorily resolved, California users can contact the Complaint Assistance Unit of the California Department of Consumer Affairs' Division of Consumer Services via mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or telephone at (800) 952-5210 or (916) 445-1254.

26. Miscellaneous

These Legal Terms and Services policies/operating rules constitute the entire agreement and understanding between you and us. Hello8's failure to exercise/enforce rights/provisions shall not waive such rights/provisions. Legal Terms operate to the fullest legal extent.

Hello8 may assign all/some rights/obligations to others at any time. Hello8 shall not be responsible/liable for losses, damages, delays, or failures caused by causes beyond reasonable control.

If any Legal Terms provision is determined unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship exists between users and Hello8 as a result of these Legal Terms or Service use.

27. Contact Us

To resolve Service complaints or receive further Service use information, contact us at: support@hello8.ai