Terms & Conditions
Revised and posted as of January 4, 2024
Terms & Conditions
Agreement between User and https://www.heyhio.com/
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Welcome to https://www.heyhio.com/. The https://www.heyhio.com/ website (the "Site") is comprised of various web pages operated by Project Mongoose, LLC d/b/a HIO ("HIO”) and subsidiary services including but not limited to HIO. https://www.heyhio.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.heyhio.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.heyhio.com/ is an AI Concierge and Smart Home Service Site.
As a resident, this site and service allows you to ask questions of the property, control the smart devices in your rental unit, view/delete the data generated by device utilization and manage any automated scenes generated based on your behavior.
As service provider staff, this site and service allows you to gain insights on aggregate usage of the HIO Service, perform general maintenance of the properties specific model, and perform limited communications to building residents registered for the HIO service. This site and service allows you to control the smart devices in vacant rental units, view aggregate data generated by device utilization and manage automated scenes.
Privacy
Your use of https://www.heyhio.com/ is subject to HIO's Privacy Policy. Please review our Privacy Policy (https://www.heyhio.co/privacy), which also governs the Site and informs users of our data collection practices.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HIO is not responsible for third party access to your account that results from theft or misappropriation of your account. HIO and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
HIO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.heyhio.com/ only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.heyhio.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HIO and HIO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HIO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HIO of the site or any association with its operators.
Certain services made available via https://www.heyhio.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.heyhio.com/ domain, you hereby acknowledge and consent that project mongoose may share such information and data with its trusted third-party service providers with whom HIO has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.heyhio.com/ users and customers; provided, that such contractual relationship requires the third-party service provide to hold and keep confidential information reasonably considered confidential and HIO shall endeavor to make certain such information is not sold or misappropriated in any manner.
Electronic Communications
Visiting https://www.heyhio.com/ or sending emails/texts to HIO or subsidiary services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, text, satisfy any legal requirement that such communications be in writing.
Text-based communications originating from HIO are large language models powered by artificial intelligence (henceforth “models”). When interacting with HIO’s text-based systems, you agree to interact with an artificial agent and recognize that you are not speaking with a human. Any text-based communications with HIO are compliant with the HIO SMS terms and conditions (www.heyhio.com/sms-terms).
Integration with OpenAI
HIO models are powered by OpenAI. All HIO models are compliant with OpenAI’s terms of use (https://openai.com/policies/terms-of-use). Usage of our models (in smart home integration and the concierge service) constitutes an agreement with OpenAI’s Privacy Policy (https://openai.com/policies/privacy-policy), most notably the section “Personal Information We Receive Automatically From Your Use of the Services.”
Scope of Models:
HIO services are intended to supplement and not completely replace the knowledge, skill, and judgment of service provider staff. The information in the models are sourced from service provider staff and believed to be accurate and reliable, but not exhaustive. HIO’s artificial intelligence models are limited in scope to address concerns and questions arising from residential living. The models are not designed to cover all needs and issues and not intended for anyone in need of immediate medical services or facing life-threatening emergencies. If you believe you are experiencing a medical emergency, call 911 immediately, or visit your nearest hospital emergency room. Do not place yourself or others in harm’s way when following any recommendations given by the models. Neither HIO nor any of its employees are responsible for the outcomes of our artificial intelligence models.
For users who request custom models from HIO, the process begins by creating a “property knowledge database” with information used to train a model to answer questions about a property. HIO models use this database to answer questions via text, so any information included in the property knowledge database can and will be distributed. Do not provide any information that is not intended for public release when training the model. Use of HIO models constitutes an agreement to not hold HIO or its employees accountable for any information hazards resulting from improper data curation.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.heyhio.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to HIO that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HIO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HIO content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HIO and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HIO or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by HIO from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HIO Content accessed through https://www.heyhio.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless HIO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HIO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HIO in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROJECT MONGOOSE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PROJECT MONGOOSE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROJECT MONGOOSE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROJECT MONGOOSE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROJECT MONGOOSE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
HIO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HIO as a result of this agreement or use of the Site. HIO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HIO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HIO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HIO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HIO with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes; provided, that we have contacted you to notify you of the update to the Terms.
Contact Us
HIO welcomes your questions or comments regarding the Terms:
Email Address: contact@heyhio.com
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