Last updated: Dec 20 2023
Senzo HQ Limited（“we”, “us”, and/or “our”) operates the Hey Buddy mobile application, including 【App Website】 (the “Website”), and other related services (collectively, the “Services”).
We are committed to protecting your privacy. This Privacy Policy describes how we collect, store, use, and share information through our Services.
We care about the protection and confidentiality of your information. When you use the App, you may provide information during your conversations with your Hey Buddy AI companion. We process this information only as described in this Privacy Policy, such as to allow you to have individualized and safe conversations and interactions with your AI companion and to allow your AI companion to learn from your interactions to improve your conversations. We may also use information about your visit to our Website to promote our Services, but we will never use or disclose the content of your Hey Buddy conversations for marketing or advertising purposes.
Any terms we use in this Policy without defining them have the definitions given to them in our Terms of Service. If you have any questions, please contact us at apple@senzox.ai.
WHAT INFORMATION WE COLLECT
1.1. Information you provide
Through your use of the Services, you may provide us with the following information:
a. Account information.
This includes your name, email address, and password. If you choose to log in using another service, such as Google or Apple, we receive information about the service you used to log in and — depending on your chosen account settings with Google and Apple — details about you, including your name, email address, or unique user identifiers.
b. Profile information
We may ask you to provide your birth date, pronouns, and work status when you register for the Apps.
c. Messages and content.
This includes the messages you send and receive through the Apps, such as text messages.
d. Interests and preferences.
You may select conversation preferences, such as topics you would like to discuss, and communication preferences, such as the times of day you like to use the Apps. We also learn about your interests and your preferences over time through your use of the Services to personalize your conversations and the features of the Services.
e. Payments, transactions, and rewards.
When you make purchases through the Services, our third-party payment processor collects your payment information. We maintain a record of your purchases, the features you select, and the rewards you earn and use.
1.2. Information we collect automatically
We automatically log the following information about you, your computer or mobile device, your network, and your interactions over time with our Services and our communications:
a. Device and network data.
This includes your computer’s or mobile device’s operating system, manufacturer and model, browser, IP address, device and cookie identifiers, language settings, mobile device carrier, and general location information such as city, state, or geographic area.
b. Usage data.
This includes information about how you use the Services, such as your interactions with the Services, the links and buttons you click, and page visits.
Our advertising partners may also use such technologies to collect limited information about your device and interactions with the Services, such as the links you click, pages you visit, IP address, advertising ID, and browser type, but they will never have access to your conversations with your AI Companion or any other content you submit through the Apps.
We and our service providers use cookies, scripts, or similar technologies to manage the Services and to collect information about you and your use of the Services. These technologies help us to recognize you, customize or personalize your experience, offer additional products or services to you, and analyze the use of our Services to make it more useful to you. These technologies may also allow us to collect demographic and statistical data and provide this information to our service providers to help deliver their services. Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. Please note, however, that disabling our cookies may mean that you may not be able to take full advantage of our Services.
HOW WE USE YOUR INFORMATION
2.1. General principles regarding personal data processing
In accordance with this Privacy Policy, personal data are processed by Senzo HQ Limited as a data controller in line with the basic principles named here: (i) being in accordance with law and good faith, (ii) being accurate and, where necessary, up-to-date, (ii) being processed for specific, explicit and legitimate purposes, (iv) being limited for the purpose for which they are processed and data minimization; and (v) being stored for the period stipulated in the relevant legislation or required for the purpose for which they are processed.
2.2. Use of your information
We use your information for the following purposes:
a. Operating and administering the Services
(i) Legal basis: Contractual necessity
(ii) Why and how we use your information: Providing and maintaining the content and functionality of the Services. Carrying out obligations arising from our contract with you. Creating your account and profile. Facilitating payments and transactions, including for the purchase of premium features, and managing your rewards. Responding to your inquiries, comments, feedback or questions, and troubleshooting. Managing our relationship with you, which includes sending administrative information to you relating to our Services.
(iii) Categories of information: Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data.
b. Providing the core functionality of the Apps
(i) Legal basis: Contractual necessity
(ii) Why and how we use your information: Providing you a personalized AI companion and allowing you to personalize your profile, interests, and AI companion. Enabling you to have individualized and safe conversations and interactions with your AI companion, and allowing your AI companion to learn from your interactions to improve your conversations. Syncing your Ai companion history across the devices you use to access the Services.
(iii) Categories of information: Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data.
c. Monitoring and protecting the Services
(i) Legal basis: Legitimate interests
(ii) Why and how we use your information: Preventing fraud, criminal activity, and misuse of our Services, and ensuring the security of our IT systems, architecture and networks (including testing, system maintenance, support, and hosting of data).
(iii) Categories of information: Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data.
d. Analyzing trends in the use of the Services
(i) Legal basis: Legitimate interests
(ii) Why and how we use your information: Aggregating, anonymizing, and deidentifying personal information. Analyzing the use and effectiveness of our Services. Improving and adding features to our Services. Developing our business and marketing strategies.
(iii) Categories of information: Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data.
e. Marketing and advertising the Services
(i) Legal basis: Legitimate interests. Consent, where required by applicable laws
(ii) Why and how we use your information: Sending you information by email that we believe will be of interest to you, such as information about our Services, features, and surveys. Displaying and targeting advertisements about our Services on the internet.
(iii) Categories of information: Account information. Device and network data. Usage data.
f. Enforcing our agreements, complying with legal obligations, and defending against legal claims and disputes
(i) Legal basis: Legitimate interests. Consent, where required by applicable laws
(ii) Why and how we use your information: Enforcing and complying with our terms and policies. Protect our and others’ rights, privacy, safety, or property. Ensuring the integrity of our Services. Verifying the age of registered users. Defending against legal claims and disputes. Recovering payments due to us. Keeping records of transactions, and complying with legal process.
(iii) Categories of information: Account information. Profile information. Messages and content. Interests and preferences. Payments, transactions, and rewards. Device and network data. Usage data.
HOW WE SHARE INFORMATION
3.1. Service providers
We share your information with companies and individuals that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, and website analytics services). We also share information with companies that provide marketing services on our behalf, but we do not share the content of your AI companion conversations for marketing or advertising purposes. For example, we may share your email address with marketing service providers to deliver our marketing emails to you on our behalf and to help us identify other individuals who may be interested in our Services. We require these marketing service providers to agree not to use your email address for any other purpose.
3.2. Professional advisors
We may share aggregate information with professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
3.3. Advertising partners
We share information about visitors to our Website, such as the links you click, pages you visit, IP address, advertising ID, and browser type with advertising companies for interest-based advertising and other marketing purposes. Sharing this information allows us and our advertising partners to target and serve advertising to you and others. We will never share your AI companion conversations or any photos or other content you provide within the Apps with our advertising partners, or use such information for marketing or advertising purposes.
3.4. Authorities and others
We may share information with law enforcement, and government authorities, as we believe in good faith to be necessary or appropriate for the legal compliance and protection purposes described above in Section 2.3.5. Business transfereesIf we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively a "Transaction"), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
HOW WE SECURE YOUR INFORMATION
We use a variety of industry-standard security technologies and procedures to help protect your data from unauthorized access, use, or disclosure.Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
All transmitted data are encrypted during transmission. All stored data are maintained on secure servers. Access to stored data is protected by multi-layered security controls, including firewalls, role-based access controls, and passwords.While we use reasonable commercial efforts to protect the data, no technology, data transmission, or system can be guaranteed to be 100% secure. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your data, we will notify you as soon as we spot the issue.
WHERE WE STORE YOUR INFORMATION
Our Services are operated from the United States of America. If you are located in another jurisdiction, please be aware that the information you provide to us may be transferred to, stored, and processed in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.
DATE RETENTION
We will retain your personal information for only as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
YOUR RIGHTS AND CHOICES
7.1. Opt-out of marketing communications
You may opt out of marketing-related emails and other communications by following the opt-out or unsubscribe instructions in the communications you receive from us or by contacting us as provided in the “Contact us” section below. You may continue to receive Services-related and other non-marketing emails from us.
7.2. Opt out of selling personal information and sharing for targeted advertising
We share information with third-party advertising partners and allow them to collect information about your visit to our Website using cookies and other tracking technologies to display targeted advertising around the web as described in the “How we share your information” section above. Our disclosure of information to these partners may be considered a “sale” or “sharing” of personal information or “targeted advertising” under applicable laws. You can opt out of these disclosures and limit our use of tracking technologies as described in our Cookie Policy or by clicking the “Your Privacy Choices” link in our Website footer.
7.3. Personal information requests
We also offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to personal information:
a. Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
b. Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.c. Correction of personal information that is inaccurate or out of date.
d. Deletion of personal information that we no longer need to provide the Services or for other lawful purposes. You can delete your account in your account settings.
e. Withdrawal of consent, where we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
f. Additional rights, such as to object to and request that we restrict our use of personal information.To make a request, please contact us as provided in the “Contact us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “Contact us” section below. Depending on where you reside, such as if you reside in the European Economic Area or United Kingdom, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.
USE BY MINORS
The Services are not intended for individuals under the age of 13. If we discover that minors under the age of 13 are using the Apps, we will promptly block their access and delete their account. If you have reason to believe that a minor under the age of 18 has provided personal information to us through the Services, please contact us, and we will endeavor to delete that information from our databases.
CHANGES TO THIS PRIVACY POLICY
The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. We encourage you to periodically review this page for the latest information on our privacy practices. This Privacy Policy was last updated on the date indicated above.
CONTACT US
You can contact us by emailing us at apple@senzox.ai.
Last updated: Dec 20 2023
These Terms of Service (“Terms”) govern your use of Hey Buddy and the software, content, and services (collectively, “Services”) offered through: our website and its subdomains (the “Website”), our mobile app Hey Buddy for iOS (the “Apps”).
Please read these terms carefully before you start using the Services.
The term “device” refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.
The term “you” refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
1. OUR SERVICES
Hey Buddy offers【a self-help program based on communication with your personal chatbot through a text and voice interface. 】
1.1. Modification of the service
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Hey Buddy will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.
1.2. Suspension or termination of services
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
1.3.General practices regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Hey Buddy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
1.4. Fees and payment
You may be required to pay fees to us to access or use the Services or certain features of the Services. You are responsible for paying any applicable fees listed on the Services. Except as expressly provided in these Terms, all fees are non-refundable, to the fullest extent permissible under applicable law.
Fees may be recurring or based on usage. If these fees are specified to be recurring or based on usage, you agree that we may charge such fees on a periodic basis to the payment method you specify at the time of your initial purchase (your “Payment Method”). By using a Payment Method to pay fees, you are expressly agreeing that we are authorized to charge to the Payment Method the fees, together with any applicable taxes.
Except where we specifically agree otherwise in a separate contract with you, you acknowledge and agree that any fees for access to or use of the Services may increase at any time. Additional fees may apply for additional Services or features of the Services that Hey Buddy may make available. In those cases, we will provide you with notice before charging the additional fees. If we charge additional fees in connection with our Services, you will have an opportunity to review and accept the additional fees that you will be charged, before being charged. If you do not accept any such additional fees, we may discontinue your access to the Services or features. You acknowledge and agree that we will not be held liable for any errors caused by third-party payment processors that we may use.
2. CONDITIONS OF USE
2.1. User conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Hey Buddy. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
a. Email or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Hey Buddy, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Hey Buddy or its users to any harm or liability of any type;
b. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
c. Violate any applicable local, state, national or international law, or any regulations having the force of law;
d. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. Solicit personal information from anyone under the age of 18;f. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
2.2. Commercial use
The Service is for personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
2.3. Use by minors
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from minors under 13 years of age. In the case we discover that a minor under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.
2.4. Mobile network
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
2.5. Mobile services
Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Hey Buddy and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Hey Buddy account information to ensure that your messages are not sent to the person that acquires your old number.
2.6. Special notice for international use; Export controls
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Hey Buddy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Hey Buddy from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specificallyauthorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Hey Buddy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Hey Buddy.
3.2. Third party material
Under no circumstances will Hey Buddy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hey Buddy does not pre-screen content, but that Hey Buddy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Hey Buddy and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Hey Buddy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
3.3. User content transmitted through the Services
With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Hey Buddy and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Hey Buddy are non-confidential and Hey Buddy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Hey Buddy may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hey Buddy, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.4. Copyright complaints
Hey Buddy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hey Buddy of your infringement claim in accordance with the procedure set forth below.We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Hey Buddy’s Copyright Agent at apple@senzox.ai (mailto:apple@senzox.ai) (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3.5. Counter-notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Hey Buddy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Hey Buddy has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Hey Buddy may also at its sole discretion limit access to the Services, whether or not there is any repeat infringement.
4. THIRD PARTY WEBSITES
The Services may provide links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Hey Buddy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Hey Buddy is not liable for any loss or claim that you may have against any such third party.
5. SOCIAL NETWORKING SERVICES
You may enable, connect or log in to the Services via various online third party services, such as social media and social networking services like Facebook, Instagram or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Hey Buddy shall haveno liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Hey Buddy is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Hey Buddy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Hey Buddy enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
6. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Hey Buddy MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hey Buddy WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Hey Buddy’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY
IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
8.ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION PROVISIONS OR CLASS ACTION WAIVERS, SO SOME OR ALL OF THIS SECTION 8 MAY NOT APPLY TO YOU.
In order to expedite and control the cost of disputes, Hey Buddy and you agree that any legal or equitable claim, dispute, action, or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by applicable law. This applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT YOU AND Hey Buddy ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
a. Opt-Out of Arbitration Agreement. If you are an individual consumer, you can opt out of arbitration within 30 days of the date that you first agreed to these Terms (including any earlier version). If you are an individual consumer and have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration provision will apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email or phone number you use for your Services account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: apple@senzox.ai (mailto:apple@senzox.ai) .
b. Notice of Dispute. In the event of a Dispute, you or Hey Buddy must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to Hey Buddy at 20 EMERALD HILL ROAD, Singapore, 229302, Singapore and also via email to apple@senzox.ai (mailto:apple@senzox.ai) . Hey Buddy will send any Notice of Dispute to you by first class U.S. Mail to your address if Hey Buddy has it, or otherwise to your email address. You and Hey Buddy will attempt to resolve any Dispute through informal negotiation within 45 days from the date the Notice of Dispute is sent. After 45 days, you or Hey Buddy may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator will not administer any arbitration unless the requirements of this subsection have been met.
c. Mediation, Binding Arbitration, and Governing Law. You and Hey Buddy will endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The place of mediation will be Singapore. Any Dispute which has not been resolved by mediation as provided herein within 30 days after appointment of a mediator or such time period as you or Hey Buddy may otherwise agree, will be finally resolved by binding arbitration as described in this Section 8. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator will decide all issues pertaining to arbitrability, including his or her own jurisdictional validity and enforceability of the Agreement (e.g., unconscionability). For the avoidance of doubt, this is not meant to reduce any powers granted to the arbitrator under the applicable JAMS rules. The place of arbitration will be Singapore. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
d. Class Action Waiver. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND Hey Buddy AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU NOR Hey Buddy WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other Services users. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctiverelief), then the parties agree that such a claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated.
e. Mass Arbitrations. If 10 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties will select up to 5 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees.
f. Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Hey Buddy and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service will apply the JAMS Rules. Subject to the limitations of liability contained herein, the arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
g. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If Hey Buddy files, then Hey Buddy will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines.
h. Filing Period. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR IN AN ARBITRATION PROCEEDING. The one-year period begins on the earliest date when any of the events giving rise to the Dispute first occurs. If a claim is not submitted within one year, it is permanently barred. This period can only be extended by the written consent of both parties. No statutes or provisions of law that would toll or otherwise affect the time in which a party may bring a claim will operate to extend the period limited in this Section 8, and any such statutes and provisions are hereby waived, to the fullest extent permissible under applicable law.
i. Enforceability. If the waiver of class actions above is found unenforceable, or this entire section is found unenforceable, then this entire section will be null and void. If that happens, you and Hey Buddy agree that our Terms will be governed by and construed and interpreted in accordance with the laws of Singapore, without giving effect to conflict of law principles. If a lawsuit or court proceeding is permitted under our Terms notwithstanding Section 8, you and Hey Buddy agree that any such dispute will be litigated in the state or federal courts located in Singapore, and you and Hey Buddy submit to the personal and exclusive jurisdiction of those courts. By using the Services, you waive any claims that may arise under the laws of other jurisdictions.
9.USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Hey Buddy will have no liability or responsibility with respect thereto. Hey Buddy reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
10. CHANGES TO TERMS OF SERVICE
We may update our Terms of Service from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
11. YOUR PRIVACY
At Hey Buddy, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at apple@senzox.ai (mailto:apple@senzox.ai) .Welcome to Hey Buddy!