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Terms and Conditions

Last modified October 14, 2024

Welcome! These Terms and Conditions constitute a legal agreement between you and HeyReal, governing your use of the heyreal.ai website (the “Website”). Throughout these Terms, HeyReal may be referred to as “Company,” “we,” or “us.” The term “Services” encompasses the Website and any associated content, tools, features, and functionality.

By accessing or using the Services, you are agreeing to abide by these Terms, which include important information about your legal rights. Please review them carefully. If you do not understand or agree to these Terms, please refrain from using the Services.

In these Terms, “you” and “your” refer to the user of the Services. If you are using the Services on behalf of a company or other entity, “you” includes both yourself and that entity. By doing so, you represent and warrant that you are authorized to bind the entity to these Terms.

NOTE:

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By accepting these Terms, you agree to resolve any disputes with us through binding individual arbitration. This means you waive your right to have disputes decided by a judge or jury and forfeit your participation in class actions, class arbitrations, or representative actions. You have the option to opt out of arbitration as outlined below.

Use of the Services

Your Registration Responsibilities. When registering for the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, you are not authorized to sign up for the Services.

Member Account, Password, and Security. You are responsible for maintaining the confidentiality of your password and account, as well as for all activities conducted under your password or account. You agree to promptly inform HeyReal of any unauthorized use of your password or account, or any security breaches, and to ensure that you log out of your account after each session. HeyReal is not liable for any loss or damage resulting from your failure to comply with this provision.

General Usage and Storage Practices. You acknowledge that HeyReal may establish general practices and limitations regarding the use of the Services. These may include setting time limits for retaining data or content, as well as allocating storage space on HeyReal’s servers. You agree that HeyReal bears no responsibility for the deletion or failure to store any data or content maintained or uploaded to the Services. Additionally, you acknowledge that HeyReal reserves the right to deactivate inactive accounts and modify these practices and limitations at its discretion, with or without notice.

Email Notifications. By providing us with your email address, you consent to receive electronic notifications from us. These notifications may pertain to your account, changes to our service, or other updates or marketing related to our platform.

Conditions of Use

You are solely responsible for all Content you submit to the Services. (When we say “Content you submit” and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, graphics, information, or other data.) Your use of the Services may be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. You agree not to submit any Content that:

(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to submit;
(iii) contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses 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 threatening, abusive, harassing, tortious, bullying, or excessively violent;
(vii) is defamatory, libelous, or verifiably false with the purpose of harming others;
(viii) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
(ix) is obscene;
(x) constitutes sexual harassment;
(xi) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
(xii) glorifies self-harm, including self-injury, suicide, or eating disorders;
(xiii) promotes terrorism or violent extremism;
(xiv) furthers or promotes criminal activity;
(xv) seeks to buy or sell illegal drugs;
(xvi) facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
(xvii) seeks to provide medical, legal, financial or tax advice;
(xviii) interferes with or disrupts the Services or servers or networks connected to the Services,
(xix) interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
(xx) in the sole judgment of HeyReal, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose HeyReal or its users to any harm or liability.

You likewise agree not to do any of the following in connection with your use of the Services:

(i) disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(ii) violate any applicable law or regulation;
(iii) impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(iv) solicit personal information from anyone under the age of 18;
(v) 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;
(vi) obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
(vii) lease, lend, sell or sublicense any part of the Services;
(viii) try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
(ix) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.

Intellectual Property Rights

Content Submission: When you contribute content to our Services, you affirm that you either own all the rights to that content (including copyrights and publicity rights) or have obtained all necessary permissions to submit it. You retain your original ownership rights to the content you submit. By submitting content, you grant HeyReal a broad, nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to use the content in various ways related to HeyReal’s purposes, including copying, displaying, modifying, and distributing it. This license also allows HeyReal to share the content with others with whom we have agreements, or as deemed necessary by us. We reserve the right, although we’re not obligated, to access, review, edit, and remove your content if we believe it violates our Terms or applicable laws.

Characters & Generations: If you create an AI character using our Services, you retain ownership rights to that character and any text, images, audio, or video it generates. You grant HeyReal a similar license to use the character and its generated content. When you interact with characters created by others, you own the content elicited by your interactions. HeyReal also has a license to use this content. We may access, review, and remove any content available on our Services, including user-generated content, at our discretion.

Service Content, Software, and Trademarks: Our Services may contain copyrighted, patented, or trademarked material. You agree not to engage in data mining or other unauthorized extraction methods. You also agree not to attempt to bypass any access restrictions we implement. The HeyReal name and logos are our trademarks, and you may not use them without our prior written permission. We are not responsible for third-party content or materials, including content generated by third-party characters.

Feedback and Information: Any feedback or information you provide to HeyReal is non-confidential, and we may use it for any purpose without compensation to you.

Data Preservation and Disclosure: We may preserve and disclose content and metadata in accordance with applicable law and our Privacy Policy. This may include complying with legal requests or protecting the rights and safety of HeyReal, our users, and the public.

Copyright Complaints

HeyReal 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 HeyReal of your infringement claim in accordance with the procedure set forth below.

DMCA Notices: HeyReal 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.

The notification must be in writing and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find on the Services;
4. Your address, telephone number, and email address;
5. 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; and
6. A statement by you, made under penalty of perjury, that the 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.

Notification pursuant to the DMCA should be submitted to:

Email: [email protected]

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to HeyReal without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

Counter-Notices: If you believe that your Content was removed or disabled due to a DMCA notice, and you believe the Content is not infringing, you may send us a written counter-notice containing the following information:

1. Your physical or electronic signature;
2. 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;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
4. Your name, address, telephone number and email address;
5. A statement that you consent to the jurisdiction of the federal court located within Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party tells us they have filed a court action relating to the Content.

Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, HeyReal has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. HeyReal may also at its sole discretion limit access to the Services or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Refund Policy

Before becoming a member of the Service, you should carefully review the financial terms and other policies and documents. HeyReal will not issue refunds of usage fees. You agree that you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to pay fees on the Service, except in the case of fraud. Should you do so, HeyReal may, in its sole discretion, refuse to honor pending and future transactions or entries made from all credit card accounts or online accounts on which such chargebacks have been made and may prohibit all persons or businesses in whose name the credit card accounts exist and any person or business who accesses any associated online account or credit card or who otherwise breaches this provision from using the Service.

Disclaimer

Your utilization of the Services is solely at your own risk. HeyReal explicitly 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. HeyReal does not guarantee that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the outcomes derived from the use of the Services will be accurate or reliable.

Changes to these Terms

We retain the right, at our sole discretion, to modify or amend sections of these Terms at any time. Should we proceed with any alterations, we will publish them on this page and will specify the date these terms were last updated at the top of this page. Any such modifications will come into effect no sooner than 14 days after their publication, except for changes addressing new functionalities of the Services or modifications made for legal reasons, which will take effect immediately. Your ongoing utilization of the Services following the date when such changes take effect constitutes your acknowledgment and acceptance of the new Terms.

Contact Us

Headquarters: Onesoft Technology Limited

Address: RM DO7, 8/F KAI TAK FTY BLDG NO 99 KING FUK ST SAN PO KONG, HONG KONG

Branch Office: FutureFocus Tech Inc.

Address: 8 The Green.Ste A,Dover DE 19901, United States of America

Should you have inquiries regarding our Services or wish to report any breaches of these Terms, please reach out to us at [email protected].

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of HK.