These User Terms (hereinafter referred to as “These Terms”) are a legally binding agreement between you (hereinafter referred to as “The User”) and the operator of the EarMe AI Software (hereinafter referred to as “The Software”) (hereinafter referred to as “The Operator”) regarding the User‘s download, installation, registration, login, and use of the AI services related to the Software. These Terms strictly adhere to international legal principles, industry practices for software services, and relevant international regulations (including but not limited to the European Union‘s General Data Protection Regulation (GDPR), the U.S. California Consumer Privacy Act (CPRA), the ISO/IEC 27001 Information Security Management System Framework, and others), and apply to all Users who use the Software. By using this Software, the User is deemed to have fully read, understood, and agreed to all content of these Terms; if the User does not agree to these Terms, the User should immediately stop using this Software.
These Terms may be revised at any time based on legal and regulatory updates, software functionality iteration, and operational needs. After the revisions, users will be notified through this software pop-up window, notification, etc., and the revised terms will take effect from the day of notification. Users‘ continued use of this software will be considered as acceptance of the revised terms. These Terms are not exhaustive and apply to relevant international laws and regulations and industry practices. If the terms of these Terms conflict with relevant international laws and regulations, the relevant laws and regulations will take precedence.
1. Definition and Applicability Scope
1.1 Core Definitions
1.1.1 This Software: Means the HearMe AI Software and related affiliate services, including but not limited to the client, web, and mobile versions of the Software, as well as all core and assistive functionality modules, updates, AI interactions (including voice and text interactions), feature settings, data synchronization, feedback responses, etc.
1.1.2 User: Means a natural person, corporation, or other organization that downloads, installs, registers, logs in, and uses the Software-related services. Users must possess full civil rights ability and civil behavior ability, and comply with the internationally applicable civil subject eligibility requirements. Users under the age of 13 may not use the Software, and users aged 13-18 must use it with parental consent.
1.1.3 Operator: Means the entity responsible for developing, operating, maintaining and providing services for this Software, possessing all intellectual property rights and operational control rights of this Software, taking on the relevant obligations stipulated in these Terms, and carrying out accountability responsibilities for data protection and service assurance.
1.1.4 Third-Party Services: Means services provided by third parties that are integrated or linked to this Software, including but not limited to third-party cloud services, data analysis services, speech recognition services, etc., whose service terms and privacy policies are independently established by the third parties and bear the relevant responsibility.
1.2 Applicability Scope
1.2.1 These Terms apply to the entire process of users using this Software, including but not limited to all operations and related services such as software download, installation, registration, login, AI interactions, feature settings, feedback suggestions, account management, etc., covering all service scenarios such as AI voice interactions, text interactions, etc.
1.2.2 These terms do not apply to third-party services. When users use third-party services, they must comply with the third-party‘s terms of service and privacy policies. Operators do not assume any responsibility for third-party services, nor do they warrant the compliance and security of third-party services.
2. Acquisition and Installation of Software
2.1 Software Acquisition
2.1.1 Users should download this Software through officially authorized channels of the operating party (including, but not limited to, official websites, authorized app stores, etc.), and should not download and install unauthorized versions of the Software through unofficial channels to avoid security risks caused by unofficial versions.
2.1.2 Operators are not responsible for the security and stability of versions of Software downloaded from unofficial channels, and operators are not liable for any compensation or compensation for any losses suffered by users due to the use of unofficial versions of Software (including but not limited to device damage, data leakage, etc.).
2.2 Software Installation and Uninstallation
2.2.1 After downloading the Software, users should follow the Software installation instructions and the system requirements of the devices used to complete the Software installation, comply with the security specifications of the relevant devices during the installation process, and do not tamper with the installation process or circumvent security verification.
2.2.2 Users may uninstall the Software according to their own needs in accordance with the device operating specifications. After uninstallation, the Software will stop providing all services. Data related to the user account will be processed in accordance with the agreement of these Terms and this Software Privacy Policy. Uninstallation behavior does not affect the rights and obligations that have already arisen.
2.3 Software updates
2.3.1 To improve service quality, fix security vulnerabilities, and optimize the AI interaction experience, operators may release updated versions of this Software at any time. Updates may include feature optimizations, bug fixes, AI model upgrades, security enhancements, etc., ensuring that the Software meets international security standards.
2.3.2 Software updates can be divided into automatic updates and manual updates, and users can choose the update method based on their own needs; if users choose not to update, it may result in some AI interaction functions not being able to function properly, increasing security risks, and the operator does not assume any related responsibility.
3. User account
3.1 Account Registration
3.1.1 Users who use some of the core functions of this Software (such as AI interaction record synchronization, personalization settings, history retention, etc.) must register an account, provide truthful, accurate, and valid information (including but not limited to email addresses) and set a secure password.
3.1.2 The user promises that the registration information is authentic and valid. If the registration information is false, incorrect or invalid, the operator has the right to suspend or terminate the account service, and the user assumes all responsibility resulting from this, including but not limited to the inability to use the account, the inability to recover data, etc.
3.1.3 Users can log in to the Software through email registration, or through a third-party account (such as Google, Apple ID, etc.) authorized by the Operator. Third-party account login is subject to the relevant regulations of the third-party platform. The Operator only obtains the basic information necessary to complete login verification, and does not collect other privacy information from the third-party account.
3.2 Account Management
3.2.1 The user accounts are kept by the user themselves. The user is responsible for the security of the account and password. The user must not disclose the account information to any third party. If the user‘s account is stolen or misused for their own reasons, the user will bear all the losses resulting.
3.2.2 User Accounts are for use only by the User himself and are prohibited from being gifted, loaned, rented, transferred, sold or otherwise authorized for use by third parties. Otherwise, the Operator has the right to suspend or terminate account services, and the User will bear the resulting responsibility, including but not limited to losses after the account is blocked.
3.2.3 If a user discovers an account anomaly (such as theft, spoofing, anomalous login, etc.), the user should promptly notify the operator through the contact details stipulated in these Terms. The operator will process the verification based on the information provided by the user and will do its best to protect the user‘s rights and interests, but will not bear any losses caused by the account anomaly.
3.3 Account Logout
3.3.1 Users have the right to request the cancellation of an account. The cancellation of an account must be carried out according to the cancellation process of this Software. After the cancellation, the data related to the account will be deleted or anonymized in accordance with these terms and the Privacy Policy, and will not be recoverable, in accordance with the relevant requirements of the GDPR and CPRA regarding the deletion of user data.
3.3.2 After signing out of an account, users will no longer be able to use that account to log in to this Software, and related service benefits (such as personalization settings, historical interaction records, etc.) will automatically terminate, and the operator will not be liable for any compensation.
4. Software Services and Usage Specifications
4.1 Core Services
4.1.1 This core software service is an AI interaction service, including but not limited to voice interactions, text interactions, intelligent responses, etc. Operators will strive to ensure the stability and smoothness of the software service to provide users with an AI interaction experience that meets international standards.
4.1.2 Operators have the right to adjust and optimize the content of the software services based on operational needs, including but not limited to adding and subtracting functional modules, adjusting AI interaction logic, and response speed. The relevant adjustments will be notified to users through software notification, and users‘ continued use will be considered acceptance of the adjustments.
4.1.3 Operators do not guarantee the absolute authenticity, accuracy, and completeness of AI interaction output content. Users should carefully identify AI output content and not use it as professional advice (e.g., medical, legal, financial, etc.). Operators will not be liable for losses caused by relying on AI output content.
4.2 Usage Specifications
4.2.1 When users use this Software, they must comply with relevant international laws and regulations and industry standards, and must not use this Software to engage in any illegal and unlawful activities, including but not limited to the dissemination of illegal information, infringing content, maliciously attacking software systems, abusing AI functions to generate undesirable content, etc.
4.2.2 Users are not permitted to reverse engineer, reverse-compile, decompile, tamper, etc. with this Software, produce, distribute decompiled versions of the Software, modify versions of the Software, violate the intellectual property rights of the operator, or circumvent the security protection mechanisms of the Software.
4.2.3 When users use the Software, they should respect the legitimate interests of other users and third parties, do not publish abusive, slanderous, harassing, etc. inappropriate content, do not violate the legitimate rights of others such as portrait rights, reputation rights, intellectual property rights, and do not use the Software for malicious harassment, fraud, etc.
4.2.4 Users are not permitted to use this Software to automatically or programmatically extract data or output content from the service, to develop AI models that compete with operators using output content, or to falsify non-human-generated output content as human-generated.
5. Intellectual Property Rights
5.1 Operator Rights
5.1.1 All intellectual property rights of this Software (including but not limited to copyrights, trademarks, patents, trade secrets, AI algorithms and models, interface design, code, etc.) are owned by the operator, users only obtain the right to use this Software, and may not violate any intellectual property rights of the operator.
5.1.2 Intellectual property rights of all content in this Software (including but not limited to text, images, icons, interface design, AI interaction logic, output templates, etc.) are the property of the operator or relevant rights holders, users are not permitted to copy, distribute, modify, use such content without permission, and may not be used for commercial purposes.
5.2 User Rights and Obligations
5.2.1 Users agree that the content they upload and publish during the use of this Software (such as interactive instructions, feedback, voice data, etc.) has legal intellectual property rights or related licenses and will not violate any third party intellectual property rights.
5.2.2 If the Content that the User uploads or publishes violates the intellectual property rights of a third party, the Operator has the right to delete the relevant Content, suspend or terminate the account service, and the User shall bear all responsibility arising from this, including but not limited to indemnifying the third party and the Operator for losses, and bearing the relevant legal liability.
5.2.3 Feedback, suggestions, etc. provided by the User voluntarily are considered to be unrestricted use by the authorized operator for software optimization, service improvement, etc., without requiring any compensation to the User.
6. Third-party service descriptions
6.1 Access to Third Party Services
6.1.1 This Software may integrate or link to third-party services, including but not limited to third-party cloud services, data analysis services, speech recognition services, etc., third-party services provided independently by third parties, their service quality and security are the responsibility of the third parties, and the operators provide only access entry points.
6.1.2 Operators do not control the content and operation of third-party services, and do not assume any responsibility for third-party services, including but not limited to user losses resulting from failure of third-party services, data leakage, irregular collection of information, etc.
6.2 Use of Third Party Services
6.2.1 When users use third-party services, they must comply with the third-party‘s terms of service and related regulations. The privacy policies and service rules for third-party services are set by the third-party, which users should carefully read and understand. Operators are not under any obligation to explain.
6.2.2 If users suffer any losses due to the use of third-party services, the third party will be liable and the operator will not be liable for any compensation or compensation; if third-party services violate users‘ legitimate rights, users may negotiate directly with the third party or defend their rights through legal means.
7. Disclaimer
7.1 Disclaimer for Irresistible Forces
7.1.1 This Software is unable to provide service normally due to irresistible forces (including but not limited to earthquakes, floods, typhoons, wars, network disruptions, server failures, AI model anomalies, legal and regulatory adjustments, etc.), the operator assumes no responsibility, and users are liable for the related losses on their own.
7.1.2 Upon the occurrence of an irresistible force, the operator will endeavor to take measures to restore the service and promptly notify users, but does not guarantee the time and effect of the service restoration, nor will it bear any losses during the restoration period.
7.2 Other Disclaimers
7.2.1 The Operator assumes no responsibility for any loss or inability to use the Software normally due to the user‘s own device problems, network problems, improper operation, account leakage, etc.
7.2.2 Operators do not make absolute commitments to the service quality and stability of this Software. If service is temporarily interrupted due to software optimization, AI model upgrades, system maintenance, etc., the Operators will not take responsibility, but will strive to reduce the interruption time.
7.2.3 To the extent permitted by applicable laws and regulations, the operator will not be liable for any indirect losses, incidental losses, punitive damages, etc., including but not limited to profit loss, data loss, loss of reputation, etc., resulting from users‘ use of this Software.
7.2.4 The Operator provides the Software and related services “as is,” excluding all warranties, express or implied, including but not limited to warranties of marketability, suitability for a specific purpose, satisfactory quality, non-violation of rights.
8. Contact and Dispute Resolution
8.1 Contact
8.1.1 Users who have any questions, suggestions, or complaints regarding this Software Service, these Terms, may contact the operator via the following email address: vasilache@coenergyalternativesrl.com.
8.1.2 The operator will respond to user enquiries, suggestions or complaints within 7 working days and promptly address the relevant issues, guarantee the user‘s legitimate rights and interests, establish a complete feedback processing mechanism and maintain records.
8.1.3 Related notifications and announcements between the Operator and the User can be delivered through this Software pop-up window, notification, email, etc. Delivery is considered received by the User, and the User should review the relevant notifications promptly.
8.2 Dispute Resolution
8.2.1 The establishment, execution, interpretation and dispute resolution of this provision are governed by the principles of international law and relevant international conventions, and if there are no relevant international conventions and principles of international law, then by the laws of neutral third parties (such as Swiss law).
8.2.2 Any dispute arising between users and operators due to these Terms should first be resolved through friendly negotiation; if negotiation fails, either party has the right to apply to the World Intellectual Property Organization (WIPO) for arbitration, and the arbitration ruling is final and binding on both parties.