Thanks for checking out hearwhatisaY, an interpretation/translation app and website which enhance conversation between people who speak different languages. When we talk about hearwhatisaY in these Terms & Conditions,  we mean both the App and the website. The hearwhatisaY App is based in Texas. Whenever we say  “hearwhatisaY,” “us,” “our,” or “we,” “the App,” in this Agreement, we are referring to the “hearwhatisaY App,” and “Kashanebo Management LLC,” which owns the hearwhatisaY App.

 

Unless stated otherwise, whenever we talk about our services (referred to as the “Service” or “Services”),  we mean everything available through the hearwhatisaY App and our Website. This includes content,  services, and products. It also covers any software provided by hearwhatisaY that lets you use the  Services. When we say “user,” “you,” or “your,” we are talking about anyone who uses the App, Website,  or Service, even if they haven’t made an account. This Terms & Conditions agreement creates a legally  binding contract between you and hearwhatisaY for your use of the Service.

 

Before you use any of our services, please carefully read these Terms & Conditions (“Terms” or  “Agreement”). Every time you use our services or buy something through them, you (and if you’re acting  on behalf of someone else, that person too) agree to follow these Terms & Conditions and our Privacy  Policy, whether or not you have signed up with us. If you don’t agree to all of these Terms, you cannot use  our service. We might change this Agreement anytime by updating the Terms & Conditions on our Website  or in our App. If you do not like any changes to these Terms, stop using the App and Website. Otherwise,  you will be considered to have agreed to the changes.

 

Furthermore, specific parts of the Service might have their own additional Terms & Conditions. If you use  those parts or any of their sections, you are explicitly showing that you have read and agreed to follow and  any of the extra Terms & Conditions that apply to them. If any of those additional Terms & Conditions conflict with these Terms, the extra terms will take precedence.

 

Please take note of the binding arbitration clause and class action waiver provisions outlined in the Dispute  Resolution section of these Terms. They impact how disputes are settled. By agreeing to this Agreement,  you explicitly acknowledge that you comprehend this Agreement, including the dispute resolution,  arbitration provisions, and class action waiver, and agree to all of its terms. If you do not agree to be bound  by the terms and conditions of this Agreement, you may not use or access our platform, our app or any  service we provide.

 

1. Eligibility to Use Our Service  

 

Our Services are designed for users who are 18 years old or older. By using our Services, you confirm that  you are at least 18 years old (the legal age in most places) and capable of entering into agreements, including  this Agreement. If you are at least 13 years old but not yet 18, you can only use our Services with consent  from your parent or legal guardian. Therefore, you confirm that you are either 18 or older, or you have  obtained consent from a parent or legal guardian who is fully capable of agreeing to the terms outlined in  these Terms on your behalf. If you are using our Services on behalf of a company or another organization,  you confirm that you have the authority to represent that entity and bind it to this Agreement.

 

2. Our Service 

 

    1. The hearwhatisaY app transcribes and translates spoken words from one language to  another language. It works on mobile devices or computers and can be used in various settings like meetings, conferences, and personal conversations.It translates speech in real time for over fifty (50) languages. The translation service is not intended to replace or substitute for professional interpretation or translation. It is intended for conversations between individuals who do not share the same language. As in all conversations there are  times when misunderstandings can occur. The need exists to verify and repeat certain  comments to assure accuracy and to gain a clear understanding between those participating  in the conversation. We are not responsible for any mistakes or misunderstandings between  the participants. The responsibility for clear understandings in any conversation using the  hearwhatisaY app rest solely on the User. You further agree that hearwhatisaY shall not,  under any circumstances, be liable in any way for any misunderstanding during the use of  the app, services or platform provided by hearwhatisaY.
    2. The Services and products provided on our Platform are meant for personal use only. You  are not allowed to sell or resell any of the Services or products provided by us.
    3. Any changes or additions made to the Service are also covered by this Agreement.
    4. We have the right to change or stop th e Service or any of its features at any time without  informing you beforehand. All ownership and rights to the Service and its parts, including  intellectual property rights, belong solely to hearwhatisaY and Kashanebo Management  LLC.

 

3. Accounts and Registration 

 

1. To use certain features of the Service, such as subscription services and premium features, you must create an account. During registration, you will need to provide some personal information like your name, date of birth, email address, and phone number. Some of this information may be confidential and include personal identifying details (referred to as “PII” or “Your Information”). 2. By providing Your Information, you agree to give us true, up-to-date, complete, and accurate details, and not to pretend to be someone else. You also agree to keep Your Information current and update it if any changes occur. 3. Our handling of Your Information follows the rules laid out in this Agreement and our Privacy Policy.

 

4. Accounts Management 

 

    1. If hearwhatisaY has given you an account for using our Services, it’s your responsibility  to keep your password and any other login details safe, even if you let others use your  account. You are the one responsible for any activity or purchases made with your account,  whether you approved them or not. If you notice any unauthorized use of your account, let  hearwhatisaY know right away.
    2. As part of our Services, hearwhatisaY may send text messages to your phone or emails to  the address linked to your account. Make sure your email address, phone number, and other  contact details associated with your account are accurate and up-to-date. Any costs related  to text messages are your responsibility, not hearwhatisaY‘s.
    3. We have the right to change, pause, or end the Service, any user account, or your access to  the Service for any reason, without warning, at any time, and without owing you anything.
    4. You can close your account whenever you want. If you do, any rights or licenses granted  to you under these Terms will stop right away.
    5. You agree that we can decide not to give someone an account or allow access to the Service  for any reason, at any time. Additionally, you agree not to use any spiders, scraper, robots, deep links, or similar automated tools, programs, or methods to access, copy, or monitor  our Services or any part of them without our written permission. You also agree not to: (1)  take any action that, in our judgment, creates or might create an unreasonable load on our  systems; (2) copy, modify, create derivative works from, distribute, or publicly display any  content from our Services (except your personal information) without our prior written  consent and, if applicable, the consent of the relevant third party; (3) interfere with or try  to disrupt the proper functioning of our Services or any activities on our Services; (4)  bypass any robot exclusion headers or other measures we use to limit access to our  Services; or (5) interfere with or disrupt the Service or the servers or networks connected  to it, including by transmitting any harmful or disruptive code like viruses, worms,  spyware, or malware.

 

5. Subscription Plans; Refund Policy; Trial Subscription

 

    1. Subscriptions: hearwhatisaY allows you to purchase access to the Service through a one time use or a recurring subscription (“Subscription”) via a Third Party App Store. By  choosing a Subscription, you agree to pay the Third Party App Store a subscription fee for  the Service (“Subscription Fee”) on a set schedule. To make these payments, you’ll need  an active account with the Third-Party App Store and provide a valid payment method  (“Payment Method”). The Subscription Fee will be charged when you start your  Subscription and regularly thereafter unless you cancel it. We have the right to change the  price of a Subscription at any time, and we’ll inform you of any price changes as required  by law.
    2. Payments: Payments can be handled by hearwhatisaY or the Third-Party App Store, not  hearwhatisaY. The initial Subscription Fee will be charged to your Payment Method once  the Third-Party App Store confirms your Subscription purchase. After that, the Third-Party App Store will charge your Payment Method for the Subscription Fee, taxes, and any  service fees on a recurring basis according to your chosen subscription cycle. You’re  responsible for all charges related to your payments. If you have any payment-related  questions, you should contact the Third-Party App Store directly. You can update your  Payment Method anytime by accessing your account with the Third-Party App Store. If the  Third-Party App Store cannot charge your Payment Method for the Subscription Fee due  to insufficient funds, expired account details, or other reasons, you are still responsible for  the cost. If your Payment Method fails to pay the Subscription Fee, the Third-Party App  Store and hearwhatisaY may suspend your Subscription until the issue is resolved.
    3. Cancellation; Termination: You have the option to cancel your Subscription whenever  you wish. It’s important to cancel before the next term begins to avoid being charged for  the upcoming Subscription Fee. If you do cancel, it will take effect at the end of the current  term. We also hold the right to terminate your Subscription and access to our Service at  any time and for any reason without owing you anything. Termination will be effective  once we notify you.
    4. Refund Policy: Once you cancel your subscription, we do not offer refunds. We do not  give credit, refunds, or partial refunds for subscriptions terminated by you before the term  ends. In such cases, you’ll maintain access to your subscription until the current billing  cycle concludes. If we terminate your subscription due to a violation of this Agreement,  you won’t receive a refund of your Subscription Fees. However, if we terminate your subscription for reasons other than a breach of this Agreement, you might qualify for a  prorated refund of your last billing cycle’s Subscription Fee.
    5. Trial Subscriptions: HearwhatisaY might offer a free 14-day trial subscription period  (“Trial Subscription”). The duration of this trial will be specified when you sign up. Trial  Subscriptions are available only to new subscribers of the Service. To use the Service  during the Trial Subscription period, you’ll need to provide the Third-Party App Store with  a valid Payment Method. During the Trial Subscription Period, your Payment Method  won’t be charged by the Third-Party App Store, but a preauthorization process may be used.  Once the Trial Subscription ends, the first Subscription Fee for the Service will be charged  to your Payment Method unless you cancel the Trial Subscription on time.
    6. Prices: Prices shown in our Services are in U.S. dollars, unless stated otherwise. Any taxes and additional charges are your responsibility and will be added to the displayed price. We  have the sole discretion to change prices at any time without prior notice.
    7. As long as you comply with this Agreement, hearwhatisaY grants you a limited, non exclusive, revocable, and non-transferable license to access and use the App and Services  on your mobile phone, other mobile device, or personal computer for personal, non commercial purposes only. Any other use is strictly prohibited. This license can be revoked  at any time without notice, with or without cause.
    8. Your right to access and use our Services is personal to you and cannot be transferred to  anyone else. Access to our Services may not be available everywhere. You are allowed to  access and use our Services only for lawful purposes and according to the terms of this  Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (1)  violates this Agreement and/or the Privacy Policy; (2) restricts, inhibits, or prevents others  from using and enjoying our Services; or (3) involves defaming, abusing, harassing,  offending, or threatening others through our Services, is not allowed and may result in the  loss of your right to access and use our Services.
    9. The rights given to you under these Terms come with the following restrictions: (1) you  cannot license, sell, rent, lease, transfer, assign, distribute, host, or otherwise use the  Services for commercial purposes; (2) you cannot modify, create derivative works from,  disassemble, reverse compile, or reverse engineer any part of the Services; (3) you cannot  access the Services to create a similar or competing Service; and (4) unless specifically  stated, you cannot copy, reproduce, distribute, republish, download, display, post, or  transmit any part of the Services in any form or by any means. Any future release, update,  or other addition to the Services’ functionality will also be governed by these Terms.

 

6. Suspension of Services, Proprietary, Intellectual Rights, User Content, Warrant   

 

    1. The rights given to you under these Terms come with the following restrictions:  (1) you cannot license, sell, rent, lease, transfer, assign, distribute, host, or otherwise  use the Services for commercial purposes; (2) you cannot modify, create derivative  works from, disassemble, reverse compile, or reverse engineer any part of the Services;  (3) you cannot access the Services to create a similar or competing Service; and (4)  unless specifically stated, you cannot copy, reproduce, distribute, republish, download,  display, post, or transmit any part of the Services in any form or by any means. Any  future release, update, or other addition to the Services’ functionality will also be  governed by these Terms.
    2. The names, graphics, avatars, videos, logos, page headers, button icons, scripts,  and service names use in the hearwhatisaY App, Website and Services are our  trademarks or trade dress in the United States and/or other countries (collectively the  “Proprietary Marks”) and are owned by hearwhatisaY or licensed to us. You may not  use the Proprietary Marks without our prior written permission.
    3. All software used in the hearwhatisaY App, our website, or Services is either our  property or the property of our software vendors, and it is protected by U.S. and international copyright laws. Simply viewing, reading, printing, listening to, downloading, or otherwise using our Content or the Collective Work does not give you  any ownership or intellectual property rights to our Content, the Collective Work, or the  Software. You are solely responsible for any damages caused by your infringement of  our or any third party’s intellectual property rights related to the Trademarks, our  Content, the Collective Work, the Software, or any other harm caused to us or our  affiliates as a direct or indirect result of your copying, distributing, redistributing,  transmitting, publishing, or using these materials in ways that violate the terms of this  Agreement.
    4. User Content is not considered confidential. You agree not to send or submit User  Content with any expectation of privacy or confidentiality. You may submit comments  or ideas about the Services (“Ideas”). By submitting an Idea, you agree that your  submission is voluntary, unsolicited, and without any restrictions, and that we are free  to use and share the Idea on a non-confidential basis with anyone, without giving you  any compensation. You also agree not to transmit, submit, upload, or post any content  as part of the Service that is false, offensive, inaccurate, incomplete, abusive, obscene,  profane, threatening, intimidating, harassing, defamatory, racially or ethnically  offensive, invasive of privacy or publicity rights, contains hate speech, violates anyone’s  rights, causes liability, is politically oriented, contains corrupted data or other harmful,  disruptive, or destructive files, or would promote or encourage a criminal offense.
    5. We may choose to communicate with you by electronic means including, without  limitation, email, telephone, text, or by posting notices on our Services. You consent that we can communicate using these means.
    6. We do not warrant that the products or services we provide will meet your  requirements, the services will be unbroken, up to date, protected, without mistakes, or  products purchased will meet your expectations.

 

7. Dispute Resolution 

 

    1. This section includes an agreement to arbitrate, meaning that you must resolve  any claims against us through binding arbitration, which provides a final decision. This agreement also requires that you can only bring claims against us individually, not as  part of a class action. Unless otherwise prohibited by law, you and hearwhatisaY,  Kashanebo Management LLC, agree that any legal or equitable claim or dispute that  has arisen or may arise between us—including any involving a third-party agent— related to this Agreement, your use of our Services, our actions, or any products or  services sold or purchased, will be resolved as outlined in this agreement.
    2. Applicable Law: You agree that, unless overridden by federal law, the laws of  the State of Texas, without considering its conflict of laws principles, will govern this  Agreement and any claims or disputes between you and hearwhatisaY, unless  otherwise specified in this Agreement.
    3. Agreement to Arbitrate: This section on Dispute Resolution by Binding  Arbitration is referred to as the “Arbitration Agreement.” You agree that any disputes  or claims between you and hearwhatisaY, whether related to these Terms & Conditions (including any alleged breaches), the Services, advertising, or any aspect of our  relationship or transactions, will be resolved exclusively through binding arbitration,  not in court. The only exception is that you may bring individual claims in small claims  court if they qualify. By agreeing to these Terms, both you and hearwhatisaY waive  the right to a jury trial or to participate in a class action. Your rights will be determined  by a neutral arbitrator, not by a judge or jury. If you reside in the U.S., the Federal  Arbitration Act governs the interpretation and enforcement of this Arbitration  Agreement.
    4. Class and Representative Actions: Unless prohibited by law, you and  hearwhatisaY agree that we can only bring claims against each other individually, not  as part of a class action or representative proceeding. Unless both you and  hearwhatisaY agree otherwise, the arbitrator cannot consolidate or join multiple parties’  claims into a single case or oversee any form of a consolidated, representative, or class  proceeding. The arbitrator can only award relief to the individual party seeking it and  only to the extent necessary to address that party’s specific claims.

 

8. Amendments and Agreements 

 

    1. We reserve the right to update, amend, or change this Agreement at any time, at  our sole discretion and without prior notice. Any updates to this Agreement will be  posted here, and changes will take effect immediately upon posting. We encourage you  to review this Agreement periodically to stay informed of any changes. The date of the  latest update will be indicated at the bottom of this Agreement. By continuing to access  and use our Services after any changes are posted, you automatically accept the updated  terms.
    2. If any part of this Agreement is found to be unlawful, void, or unenforceable by  an arbitrator or court of competent jurisdiction, the rest of the Agreement will remain  in effect. Only the specific portion that is unlawful, void, or unenforceable will be  removed.
    3. If we fail to enforce any right or provision in these Terms, it does not mean that  we are waiving that right or provision. A waiver is only valid if we acknowledge and agree to it in writing.
    4. This Agreement, along with the Privacy Policy, represents the entire  understanding and agreement between you and us regarding its subject matter. It  replaces all previous agreements, understandings, and representations related to the  same.

 

CONTACT US:

 

If you need to contact us for any reason concerning this Agreement or feedback, please use the following email: support@hearwhatisay.com. Or mail us at the  following address:

 

hearwhatisaY 

 

Kashanebo Management LLC

 

P.O. Box 247

 

Carthage TX 75633