Terms of Service
Introduction
Welcome to Heynds! Heynds ("Heynds") provides software, including Heynds App, offering an AI assistant, speech-to-text functionality, and AI writing assistance (collectively, "Services"). These Heynds Terms of Service ("Terms") are entered into by and between Heynds and the individual or entity accepting these Terms ("Customer," "you," or "your"), governing your access to and use of the Services (as defined below). By using or accessing the Services, you are agreeing to these Terms and our Privacy Policy, which explains how we collect and use your information.
Age Requirement
To use the Services, you must be at least 15 years old. If you are under the age of 18, you may need to have your parent or guardian's consent to these Terms and they may need to enter into these Terms on your behalf.
License Key Usage
To use the Services, you must purchase a valid license key. You are responsible for maintaining the confidentiality of your license key. Do not share your license key with others. You agree to immediately notify us if you know or have any reason to suspect that your license key has been compromised or used without authorization. Heynds reserves the right to invalidate or deactivate license keys that have been obtained fraudulently or used in violation of these Terms.
4. Your Content
A. Content. You retain ownership of all audio recordings, documents, and text ("Content") you create or process using Heynds. To provide the Services, Heynds accesses your Content and transmits it to third-party AI services, specifically Google Gemini and Groq, for processing. By using the Services, you grant Heynds permission to access, transmit, and process your Content for the sole purpose of providing the AI assistant, speech-to-text, translation, and AI writing assistance features. You represent and warrant that your Content does not infringe or violate any laws or the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights.
B. AI Inputs and Outputs. The Services use large language models (LLMs) and other artificial intelligence features ("AI Features"). When you submit or provide audio, text, links, graphics, photos, videos, or other materials to the Services ("Input"), Heynds uses AI Features to generate outputs based on the Input ("Output"). Input and Output are collectively referred to as "Customer Content". As between you and Heynds, and to the extent permitted by applicable law, you retain all ownership rights in Input and you own all Output. Heynds hereby assigns to you all of our right, title, and interest, if any, in and to Output. Heynds does not claim any ownership rights to the Output; ownership of the Output is subject to the terms and policies of the third-party AI services (Google Gemini and Groq) used to generate it. Heynds does not use Customer Content to train its AI models. For information about how the third-party AI services may use Customer Content for model training, please refer to their respective privacy policies.
C. NO WARRANTIES REGARDING OUTPUTS. HEYNDS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY OUTPUTS. YOU SHOULD NOT RELY ON ANY OUTPUTS WITHOUT INDEPENDENTLY CONFIRMING THEIR ACCURACY. OUTPUTS MAY CONTAIN MATERIAL INACCURACIES EVEN IF THEY APPEAR ACCURATE BECAUSE OF THEIR LEVEL OF DETAIL OR SPECIFICITY. YOU ACKNOWLEDGE THAT THE SERVICES AND ANY OUTPUTS MAY NOT REFLECT CORRECT, CURRENT, OR COMPLETE INFORMATION.
D. Third-Party Outputs. Due to the nature of generative AI models, Outputs may not be unique, and Outputs that the Services generate based on materials submitted by third parties ("Third-Party Outputs") may be similar or identical to Outputs that the Services generate based on your Inputs. You acknowledge that Third-Party Outputs are not your Outputs and that you have no right, title, or interest in or to any Third-Party Outputs.
E. Compliance. Heynds may review your conduct and content for compliance with these Terms. Additionally, you acknowledge and agree that Heynds is not responsible for content that users share through the Services.
5. Restrictions
A. General. You may use the Services only as permitted by applicable law, including applicable export control laws and regulations. Additionally, while using the Services, you agree not to engage in any conduct that is abusive or violates these Terms, including the following prohibited conduct:
breach or circumvent any security measures;
take apart, decompile, reverse engineer, or otherwise attempt to derive the source code of any part of the Services;
access, tamper with, or use non-public areas or parts of the Services;
probe, scan, or test the vulnerability of any system or network;
interfere with or disrupt any user, host, or network, for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
sell, rent, lease, sublicense, distribute, or otherwise transfer the Services or access thereto, unless expressly authorized by Heynds;
publish, share, or process content that contains child sexual abuse content or promotes extreme acts of violence;
advocate hatred or incitement of violence against any person or group of people based on a protected class, or promote discrimination;
access, search, or attempt to access the Services by any means other than our publicly supported interfaces;
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive, or false source-identifying information, including spoofing or phishing;
circumvent any usage limits or restrictions;
violate the law in any way, including processing or sharing material that is fraudulent, defamatory, or misleading, or that violates the intellectual property, privacy, or other proprietary rights of others;
engage in any type of payment fraud, including unauthorized use of payment methods or illegitimate chargebacks; or
use the Services to record or transcribe another person's speech without their consent, where such recording or transcription is unlawful.
B. Special Restrictions on Use of AI Features. You will not and will not permit anyone else to:
use the AI Features or any Output to infringe any third-party rights;
use the AI Features or any Output to develop, train, or improve any AI or machine learning models;
represent any Output as being approved or vetted by Heynds;
represent any Output as being an original work or a wholly human-generated work;
use the AI Features for automated decision-making that has legal or similarly significant effects on individuals, unless it does so with adequate human review and in compliance with applicable laws; or
use the AI Features for purposes or with effects that are discriminatory, harassing, harmful, or unethical.
C. Violations. Heynds reserves the right, in our sole discretion, to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user's access to the Services, or invalidating the license key.
6. Our Services
Subject to and conditioned on your payment of fees and compliance with all other terms and conditions of this Agreement, Heynds hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely in accordance with these Terms. The Services include the Heynds App software. Provided that you comply with these Terms, we give you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to use the Software, solely to access the Services. The Heynds App may be updated through an in-app button. To the extent any component of the Software may be offered under an open-source license, the provisions of that license may expressly override some of these Terms.
7. Third-Party Services
The Services operate using application programming interfaces and other services operated or provided by third parties ("Third-Party Services"), including integrations or connectors to such Third-Party Services. Heynds uses Google Gemini and Groq LLMs as Third-Party Services. Heynds is not responsible for the operation of any Third-Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. Any Third-Party Services are subject to their own terms and conditions. Heynds does not make any representations or warranties with respect to Third-Party Services. Users should refer to the respective websites of Google Gemini and Groq for information about their data usage policies.
8. Heynds' Intellectual Property
As between you and Heynds, the Services are owned by Heynds and are protected by copyright, trade secret, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Services, our intellectual property, or content within the Services other than the limited license to use the Services as expressly provided herein. You agree not to change, modify, translate, create derivative works of, or reverse engineer the Services. We welcome comments, suggestions, or other feedback ("Feedback") on the Services. By providing Feedback, you agree that we may use it without any obligation to you, even after these Terms are terminated. Heynds shall exclusively own all rights, title, and interest in and to any Feedback, even if you have designated it as confidential.
9. Our Rights
Heynds may exercise the following rights at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict, or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict, or disable your license key; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).
10. Privacy
By using the Services, you confirm that you have read and understood our Privacy Policy, which describes how we handle your personal information.
11. Paid Services
A. Payment. The Services may be offered through paid subscriptions or as a one-time purchase for a lifetime license. You can purchase access to the Services through these methods ("Paid Services"). For subscription-based Paid Services, you will be billed automatically from the date you sign up, and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.
B. Cancellation. You may cancel your subscription-based Paid Services at any time. Refunds are only issued if required by law. Paid Services will remain in effect until canceled or terminated under these Terms. If you do not pay for your Paid Services in a timely manner, we reserve the right to suspend such Paid Services. Lifetime license keys are not subject to cancellation, but may be terminated according to Section 12.
C. Payment Processor. We use Polar.sh as our third-party payment processor (the "Payment Processor") to process payments. The processing of payments will be subject to the terms, conditions, and privacy policies of Polar.sh, in addition to these Terms. Your payments are processed by Polar.sh in accordance with their terms of service and privacy policy.
D. Changes. We may change the fees in effect for subscription-based Paid Services on renewal of your subscription based on our business needs. We will provide reasonable notice of such changes if they occur.
12. Termination
A. Term and Termination. You may stop using the Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if Heynds reasonably believes you have breached these Terms or your use of the Services would cause a risk of harm or loss to us or other users. Additionally, Heynds may decide to discontinue the Services in response to exceptional circumstances, events beyond Heynds' control, or to comply with a legal requirement. If we do so, we will give you reasonable prior notice if possible.
B. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. WARRANTY DISCLAIMERS
A. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYNDS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES, INCLUDING WITHOUT LIMITATION THE OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE." HEYNDS ALSO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEYNDS DOES NOT WARRANT THAT THE SERVICES AND THE OUTPUTS WILL: (A) BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
B. LIMITATIONS. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HEYNDS'S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
C. CONSUMER RIGHTS. IF YOU ARE A CONSUMER RESIDING IN FRANCE, YOU MAY HAVE CERTAIN STATUTORY RIGHTS, INCLUDING RIGHTS RELATED TO THE IMPLIED WARRANTY OF CONFORMITY (GARANTIE LÉGALE DE CONFORMITÉ) AND THE IMPLIED WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHÉS). NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED BY AGREEMENT.
14. LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYNDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY OUTPUTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING ANY OUTPUTS; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. HEYNDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT INCLUDING WITHOUT LIMITATION ANY OUTPUT, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, MALICIOUS SOFTWARE, OR OTHER MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. HEYNDS HAS NO CONTROL OVER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES ACCESSIBLE THROUGH OR INTEGRATED WITH THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT HEYNDS IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES.
B. EXCEPTIONS. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT HEYNDS'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
C. DIRECT DAMAGES. HEYNDS'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
D. CONSUMER RIGHTS. IF YOU ARE A CONSUMER RESIDING IN FRANCE, THIS LIMITATION OF LIABILITY IS SUBJECT TO YOUR STATUTORY RIGHTS, AND NOTHING IN THIS SECTION SHALL LIMIT YOUR RIGHTS AS A CONSUMER TO THE EXTENT THAT SUCH LIMITATION IS NOT PERMITTED UNDER FRENCH LAW.
15. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Heynds and its officers, directors, employees, and agents from and against any and all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your breach of these Terms; (b) your content; or (c) your violation of any applicable laws or regulations in connection with these Terms or the Services. Heynds will promptly notify you of any such claim. Heynds reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Heynds in asserting any available defenses. This indemnification obligation does not apply to the extent the claim is directly caused by Heynds's gross negligence or willful misconduct.
16. Dispute Resolution
A. Informal Resolution. Before filing a claim against Heynds, you agree to attempt to resolve the dispute by first emailing us at support@heynds.com with a description of your claim and proof of your relationship with Heynds. We will try to resolve the dispute informally by following up via email, phone, or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or Heynds may then bring a formal proceeding.
B. Judicial Forum for Disputes. You and Heynds agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought exclusively in the competent courts of France, determined in accordance with French law. Both you and Heynds consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.
D. Severability. If any part of this Section is found to be illegal or unenforceable, the remainder will remain in effect. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that cannot be enforced due to this section, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim(s) or request(s) for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief.
17. Modifications
Heynds may modify these Terms from time to time. We will post the most current version on our website and indicate the "Last Updated" date at the top of the Terms. If a modification meaningfully reduces your rights, we will make reasonable efforts to notify you (for example, by sending you an email to the address associated with your license key or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively unless required by law. Your continued use of the Services after the new terms take effect constitutes your acceptance of the modified Terms. If you disagree with the modified Terms, you must stop using the Services.
18. Controlling Law
These Terms will be governed by and construed in accordance with the laws of France, without regard to its conflict of laws principles. However, some countries, including those in the EU, have laws that require agreements to be governed by the local laws of the user's country. This paragraph does not override those laws.
19. Copyright
Heynds respects the intellectual property of others. We respond to notices of alleged copyright infringement if they comply with the law and are reported to support@heynds.com. We reserve the right, in our sole discretion and in accordance with applicable law, to delete or disable content alleged to be infringing and to invalidate license keys for actual, apparent, or repeat infringement.
20. General
These Terms constitute the entire agreement between you and Heynds with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Heynds with respect to the Services. Heynds's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be deemed replaced by a valid and enforceable provision that most closely approximates the original intent. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without Heynds's prior written consent. Heynds may assign these Terms at any time without notice or consent.
Last updated: 27 March 2025.
Welcome to Heynds! Heynds ("Heynds") provides software, including Heynds App, offering an AI assistant, speech-to-text functionality, and AI writing assistance (collectively, "Services"). These Heynds Terms of Service ("Terms") are entered into by and between Heynds and the individual or entity accepting these Terms ("Customer," "you," or "your"), governing your access to and use of the Services (as defined below). By using or accessing the Services, you are agreeing to these Terms and our Privacy Policy, which explains how we collect and use your information.
Age Requirement
To use the Services, you must be at least 15 years old. If you are under the age of 18, you may need to have your parent or guardian's consent to these Terms and they may need to enter into these Terms on your behalf.
License Key Usage
To use the Services, you must purchase a valid license key. You are responsible for maintaining the confidentiality of your license key. Do not share your license key with others. You agree to immediately notify us if you know or have any reason to suspect that your license key has been compromised or used without authorization. Heynds reserves the right to invalidate or deactivate license keys that have been obtained fraudulently or used in violation of these Terms.
4. Your Content
A. Content. You retain ownership of all audio recordings, documents, and text ("Content") you create or process using Heynds. To provide the Services, Heynds accesses your Content and transmits it to third-party AI services, specifically Google Gemini and Groq, for processing. By using the Services, you grant Heynds permission to access, transmit, and process your Content for the sole purpose of providing the AI assistant, speech-to-text, translation, and AI writing assistance features. You represent and warrant that your Content does not infringe or violate any laws or the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights.
B. AI Inputs and Outputs. The Services use large language models (LLMs) and other artificial intelligence features ("AI Features"). When you submit or provide audio, text, links, graphics, photos, videos, or other materials to the Services ("Input"), Heynds uses AI Features to generate outputs based on the Input ("Output"). Input and Output are collectively referred to as "Customer Content". As between you and Heynds, and to the extent permitted by applicable law, you retain all ownership rights in Input and you own all Output. Heynds hereby assigns to you all of our right, title, and interest, if any, in and to Output. Heynds does not claim any ownership rights to the Output; ownership of the Output is subject to the terms and policies of the third-party AI services (Google Gemini and Groq) used to generate it. Heynds does not use Customer Content to train its AI models. For information about how the third-party AI services may use Customer Content for model training, please refer to their respective privacy policies.
C. NO WARRANTIES REGARDING OUTPUTS. HEYNDS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY OUTPUTS. YOU SHOULD NOT RELY ON ANY OUTPUTS WITHOUT INDEPENDENTLY CONFIRMING THEIR ACCURACY. OUTPUTS MAY CONTAIN MATERIAL INACCURACIES EVEN IF THEY APPEAR ACCURATE BECAUSE OF THEIR LEVEL OF DETAIL OR SPECIFICITY. YOU ACKNOWLEDGE THAT THE SERVICES AND ANY OUTPUTS MAY NOT REFLECT CORRECT, CURRENT, OR COMPLETE INFORMATION.
D. Third-Party Outputs. Due to the nature of generative AI models, Outputs may not be unique, and Outputs that the Services generate based on materials submitted by third parties ("Third-Party Outputs") may be similar or identical to Outputs that the Services generate based on your Inputs. You acknowledge that Third-Party Outputs are not your Outputs and that you have no right, title, or interest in or to any Third-Party Outputs.
E. Compliance. Heynds may review your conduct and content for compliance with these Terms. Additionally, you acknowledge and agree that Heynds is not responsible for content that users share through the Services.
5. Restrictions
A. General. You may use the Services only as permitted by applicable law, including applicable export control laws and regulations. Additionally, while using the Services, you agree not to engage in any conduct that is abusive or violates these Terms, including the following prohibited conduct:
breach or circumvent any security measures;
take apart, decompile, reverse engineer, or otherwise attempt to derive the source code of any part of the Services;
access, tamper with, or use non-public areas or parts of the Services;
probe, scan, or test the vulnerability of any system or network;
interfere with or disrupt any user, host, or network, for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
sell, rent, lease, sublicense, distribute, or otherwise transfer the Services or access thereto, unless expressly authorized by Heynds;
publish, share, or process content that contains child sexual abuse content or promotes extreme acts of violence;
advocate hatred or incitement of violence against any person or group of people based on a protected class, or promote discrimination;
access, search, or attempt to access the Services by any means other than our publicly supported interfaces;
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive, or false source-identifying information, including spoofing or phishing;
circumvent any usage limits or restrictions;
violate the law in any way, including processing or sharing material that is fraudulent, defamatory, or misleading, or that violates the intellectual property, privacy, or other proprietary rights of others;
engage in any type of payment fraud, including unauthorized use of payment methods or illegitimate chargebacks; or
use the Services to record or transcribe another person's speech without their consent, where such recording or transcription is unlawful.
B. Special Restrictions on Use of AI Features. You will not and will not permit anyone else to:
use the AI Features or any Output to infringe any third-party rights;
use the AI Features or any Output to develop, train, or improve any AI or machine learning models;
represent any Output as being approved or vetted by Heynds;
represent any Output as being an original work or a wholly human-generated work;
use the AI Features for automated decision-making that has legal or similarly significant effects on individuals, unless it does so with adequate human review and in compliance with applicable laws; or
use the AI Features for purposes or with effects that are discriminatory, harassing, harmful, or unethical.
C. Violations. Heynds reserves the right, in our sole discretion, to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user's access to the Services, or invalidating the license key.
6. Our Services
Subject to and conditioned on your payment of fees and compliance with all other terms and conditions of this Agreement, Heynds hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely in accordance with these Terms. The Services include the Heynds App software. Provided that you comply with these Terms, we give you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to use the Software, solely to access the Services. The Heynds App may be updated through an in-app button. To the extent any component of the Software may be offered under an open-source license, the provisions of that license may expressly override some of these Terms.
7. Third-Party Services
The Services operate using application programming interfaces and other services operated or provided by third parties ("Third-Party Services"), including integrations or connectors to such Third-Party Services. Heynds uses Google Gemini and Groq LLMs as Third-Party Services. Heynds is not responsible for the operation of any Third-Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. Any Third-Party Services are subject to their own terms and conditions. Heynds does not make any representations or warranties with respect to Third-Party Services. Users should refer to the respective websites of Google Gemini and Groq for information about their data usage policies.
8. Heynds' Intellectual Property
As between you and Heynds, the Services are owned by Heynds and are protected by copyright, trade secret, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Services, our intellectual property, or content within the Services other than the limited license to use the Services as expressly provided herein. You agree not to change, modify, translate, create derivative works of, or reverse engineer the Services. We welcome comments, suggestions, or other feedback ("Feedback") on the Services. By providing Feedback, you agree that we may use it without any obligation to you, even after these Terms are terminated. Heynds shall exclusively own all rights, title, and interest in and to any Feedback, even if you have designated it as confidential.
9. Our Rights
Heynds may exercise the following rights at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict, or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict, or disable your license key; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).
10. Privacy
By using the Services, you confirm that you have read and understood our Privacy Policy, which describes how we handle your personal information.
11. Paid Services
A. Payment. The Services may be offered through paid subscriptions or as a one-time purchase for a lifetime license. You can purchase access to the Services through these methods ("Paid Services"). For subscription-based Paid Services, you will be billed automatically from the date you sign up, and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.
B. Cancellation. You may cancel your subscription-based Paid Services at any time. Refunds are only issued if required by law. Paid Services will remain in effect until canceled or terminated under these Terms. If you do not pay for your Paid Services in a timely manner, we reserve the right to suspend such Paid Services. Lifetime license keys are not subject to cancellation, but may be terminated according to Section 12.
C. Payment Processor. We use Polar.sh as our third-party payment processor (the "Payment Processor") to process payments. The processing of payments will be subject to the terms, conditions, and privacy policies of Polar.sh, in addition to these Terms. Your payments are processed by Polar.sh in accordance with their terms of service and privacy policy.
D. Changes. We may change the fees in effect for subscription-based Paid Services on renewal of your subscription based on our business needs. We will provide reasonable notice of such changes if they occur.
12. Termination
A. Term and Termination. You may stop using the Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if Heynds reasonably believes you have breached these Terms or your use of the Services would cause a risk of harm or loss to us or other users. Additionally, Heynds may decide to discontinue the Services in response to exceptional circumstances, events beyond Heynds' control, or to comply with a legal requirement. If we do so, we will give you reasonable prior notice if possible.
B. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. WARRANTY DISCLAIMERS
A. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYNDS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES, INCLUDING WITHOUT LIMITATION THE OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE." HEYNDS ALSO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEYNDS DOES NOT WARRANT THAT THE SERVICES AND THE OUTPUTS WILL: (A) BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
B. LIMITATIONS. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HEYNDS'S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
C. CONSUMER RIGHTS. IF YOU ARE A CONSUMER RESIDING IN FRANCE, YOU MAY HAVE CERTAIN STATUTORY RIGHTS, INCLUDING RIGHTS RELATED TO THE IMPLIED WARRANTY OF CONFORMITY (GARANTIE LÉGALE DE CONFORMITÉ) AND THE IMPLIED WARRANTY AGAINST HIDDEN DEFECTS (GARANTIE DES VICES CACHÉS). NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED BY AGREEMENT.
14. LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYNDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY OUTPUTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING ANY OUTPUTS; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. HEYNDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT INCLUDING WITHOUT LIMITATION ANY OUTPUT, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, MALICIOUS SOFTWARE, OR OTHER MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. HEYNDS HAS NO CONTROL OVER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES ACCESSIBLE THROUGH OR INTEGRATED WITH THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT HEYNDS IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES.
B. EXCEPTIONS. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT HEYNDS'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
C. DIRECT DAMAGES. HEYNDS'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
D. CONSUMER RIGHTS. IF YOU ARE A CONSUMER RESIDING IN FRANCE, THIS LIMITATION OF LIABILITY IS SUBJECT TO YOUR STATUTORY RIGHTS, AND NOTHING IN THIS SECTION SHALL LIMIT YOUR RIGHTS AS A CONSUMER TO THE EXTENT THAT SUCH LIMITATION IS NOT PERMITTED UNDER FRENCH LAW.
15. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Heynds and its officers, directors, employees, and agents from and against any and all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your breach of these Terms; (b) your content; or (c) your violation of any applicable laws or regulations in connection with these Terms or the Services. Heynds will promptly notify you of any such claim. Heynds reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Heynds in asserting any available defenses. This indemnification obligation does not apply to the extent the claim is directly caused by Heynds's gross negligence or willful misconduct.
16. Dispute Resolution
A. Informal Resolution. Before filing a claim against Heynds, you agree to attempt to resolve the dispute by first emailing us at support@heynds.com with a description of your claim and proof of your relationship with Heynds. We will try to resolve the dispute informally by following up via email, phone, or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or Heynds may then bring a formal proceeding.
B. Judicial Forum for Disputes. You and Heynds agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought exclusively in the competent courts of France, determined in accordance with French law. Both you and Heynds consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.
D. Severability. If any part of this Section is found to be illegal or unenforceable, the remainder will remain in effect. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that cannot be enforced due to this section, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim(s) or request(s) for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief.
17. Modifications
Heynds may modify these Terms from time to time. We will post the most current version on our website and indicate the "Last Updated" date at the top of the Terms. If a modification meaningfully reduces your rights, we will make reasonable efforts to notify you (for example, by sending you an email to the address associated with your license key or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively unless required by law. Your continued use of the Services after the new terms take effect constitutes your acceptance of the modified Terms. If you disagree with the modified Terms, you must stop using the Services.
18. Controlling Law
These Terms will be governed by and construed in accordance with the laws of France, without regard to its conflict of laws principles. However, some countries, including those in the EU, have laws that require agreements to be governed by the local laws of the user's country. This paragraph does not override those laws.
19. Copyright
Heynds respects the intellectual property of others. We respond to notices of alleged copyright infringement if they comply with the law and are reported to support@heynds.com. We reserve the right, in our sole discretion and in accordance with applicable law, to delete or disable content alleged to be infringing and to invalidate license keys for actual, apparent, or repeat infringement.
20. General
These Terms constitute the entire agreement between you and Heynds with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Heynds with respect to the Services. Heynds's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be deemed replaced by a valid and enforceable provision that most closely approximates the original intent. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without Heynds's prior written consent. Heynds may assign these Terms at any time without notice or consent.
Last updated: 27 March 2025.