TERMS OF SERVICE
Version 2.0
Last Modified: 12/23/2024
These Terms require users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.
These Terms of Service (the “Terms”) apply to your use of heylieu.com and all related apps and services (the “Platform”). These Terms are effective as of the Last Modified date above.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Hey Lieu LLC, a Kansas limited liability company. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Platform, and if you are using the Platform on behalf of a business entity, it means both you and that business.
By using the Platform, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Platform on behalf of a business entity, then you represent that you are authorized to use the Platform on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Platform.
Use of the Platform
Limited License to Use the Platform
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Platform solely for your own use, including the ability to arrange and schedule services if you sign an Order Form (defined below) (the “Services”) provided by one or more individuals through the Platform (each an “Assistant”). All restrictions in these Terms which apply to your use of the Platform also apply to your use of the Services.
Service Age Restriction
If you request Services from an Assistant that involve age limitations (such as 18, or 21), then we may require you to provide proof of identity and proof of your age before allowing the Assistant to provide those Services.
Screenshots & Recordings
In most situations we will capture screenshots or otherwise record the screens of Assistants while they are providing Services. We do this to ensure accurate timekeeping as provided below. You may opt out of this monitoring of Assistants providing Services to you by notifying us in writing that you desire to opt out.
Confidentiality
If you work with an Assistant, then it is up to you to decide what information to share (or not share) with those Assistants. We will protect your confidential information as provided below.
No Professional Advice
The Services are limited to the provision of general information and none of the information provided through the Platform or otherwise by the Assistants constitutes licensed professional advice of any kind (legal, financial, medical, etc.).
Non-Solicitation
During the term of your Order Form (defined below) and for two years thereafter you shall not directly or indirectly, for the benefit of you or any third party, actually or attempt to, solicit or hire any Assistants sourced or provided by us (or otherwise interfere with our relationships with them).
Not for Children
The Platform is not designed for children. You may not use the Platform if you are under 13 years old.
Prohibited Uses
You must not directly or indirectly: (a) use the Platform for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Platform available to third parties without our express permission, (c) use the Platform in any way that may harm the Platform, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Platform, or (e) attempt to use the Platform without our express permission after we have terminated your right to use the Platform.
Modifications
We may add to, modify, suspend, or discontinue, all or parts of the Platform at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.
No Support
We will not have any obligation to provide any customer support with respect to your use of the Platform except to the extent we agree to certain support levels with you in writing.
Privacy Policy
Our privacy policy is available at heylieu.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Platform. By using the Platform, you consent to our collection and use of your information, as described in our Privacy Policy.
Order Forms & Service Fees
General
Most of the Platform, and all Services, may only be accessible to you after you sign a written agreement with us in which we agree to provide Assistants and their Services to you (each an “Order Form”). All Order Forms are subject to these Terms.
Promotional Offers
We may offer free, promotional uses of the Platform, in our sole discretion. We may withdraw your right to use any one or more of such promotional offers at any time, for any reason, with or without notice to you.
Fees
Your Order Form will explain the fees you must pay us for the Services and the frequency of such payments. All fees are exclusive of taxes and similar government assessments of every nature and form, all of which you must pay. All fees are considered our Confidential Information, and you must protect the confidentiality of the same as provided below. We may change the fees for the Services annually and will provide you with 30 days advance notice of any such change. You may terminate your Order Form and use of the Services by providing written notice to us any time within those 30 days if you object to the new fees described in the notice (as your sole and exclusively remedy). All fees are non-refundable.
Invoices
We will usually invoice you weekly, however, we may change the frequency of such invoices in our sole discretion (but no less frequently than monthly). Invoices will contain accurate records of hours worked by the Assistants, including dates and descriptions of Services.
Payment
You must provide us with valid payment information as reasonably requested by us in your Order Form. By providing such payment information and signing the Order Form you are authorizing us to charge your payment method for all fees described in each invoice on an ongoing weekly basis (or less frequently if selected by us, but no less frequently than monthly). You must ensure that your payment method remains valid and if it becomes invalid for any reason then you must immediately provide us with a new valid payment method (and in no event before we attempt to charge your payment method for an outstanding invoice).
Collections and Attorney’s Fees
You must reimburse us for our reasonable costs and expenses (including reasonable attorneys’ fees) which we incur enforcing our right to receive all fees you owe under your Order Form. Additionally, we may charge you interest at 1.5% per month for any undisputed fees which are not timely paid in accordance with your Order Form.
Failure to Pay
If we are unable to successfully charge your payment method for fees you owe under your Order Form, then we may provide you with written notice (including email) of the unsuccessful payment. If we provide such notice, then you will have seven calendar days to provide us with a new valid payment method. If you do not timely provide such a new method, or if you do provide a new method but we are unable to successfully charge your payment method for fees you owe under your Order Form, then we may immediately terminate your Order Form (and your right to use the Platform).
User Accounts
User Accounts
We may allow you to create an account (or we may create one for you) to use the Platform. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.
Account Responsibilities
You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.
Customer Data
Your Content
“Your Content” means all data, information, files, text, images, videos, recordings, and any other content, you submit to us or any Assistant through the Platform or otherwise because of your relationship with us and the Assistants. Notwithstanding the foregoing, Anonymous Data (as contemplated in our Privacy Policy) does not constitute Your Content. As between you and us, you retain ownership of Your Content. By submitting Your Content, you represent that you own Your Content, or otherwise have legal rights to use Your Content, and that the license you grant us to use your Content is valid and does not violate any other contract or law.
License to Use Your Content
By submitting Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Platform, including to provide Services to you, (b) to prevent or address service, security, support, and technical issues, with the Platform, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content.
Confidentiality
If you sign an Order Form with us, then this confidentiality section will apply to your relationship with us. As a result of you and us signing an Order Form, each party is likely to disclose Confidential Information to the other that the disclosing party desires to maintain as confidential. Accordingly, the recipient must (1) protect the confidentiality of the disclosing party’s Confidential Information in the recipient’s possession, (2) not use any of the disclosing party’s Confidential Information except for the benefit of the disclosing party, and (3) not disclose any of the disclosing party’s Confidential Information to any third party. Notwithstanding the foregoing, the recipient may disclose the disclosing party’s Confidential Information (a) to the recipient’s employees and contractors as necessary for normal business operations (provided each additional recipient agrees to protect the disclosing party’s Confidential Information in a written agreement containing confidentiality obligations substantially similar to the confidentiality obligations in this section), and (b) to the extent the recipient is compelled to do so by law if it provides reasonable prior notice to the disclosing party (unless otherwise ordered by a court with competent jurisdiction). “Confidential Information” means all the disclosing party’s oral and written information which a reasonable person would deem confidential (including third-party information held in confidence by the disclosing party) which is acquired by or disclosed to the recipient. “Confidential Information” does not include information the recipient can demonstrate (i) becomes known to the public through no fault of the recipient, (ii) was independently developed by the recipient without use of the disclosing party’s Confidential Information, or (iii) was rightfully given to the recipient by another party. Upon written demand from the disclosing party, the recipient must promptly return (or if requested by the disclosing party destroy) all the disclosing party’s Confidential Information in the recipient’s possession (in all forms including all copies). This section will not limit a party’s rights under applicable trade secret laws. Each party provides its Confidential Information under your Order Form on an “as is” basis without any warranties, whether express or implied, and without any verification as to its accuracy, suitability, or completeness. Each party’s obligations in this section will apply during the duration of your Order Form and for ten years thereafter.
Intellectual Property
Our Property Rights
The Platform (including all design, software, code, and other content on the Platform, and including all work product and deliverables created by the Assistants) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Platform does not grant any rights to you other than the right to use the Platform for their intended purpose as outlined in these Terms.
Limited License to Use Our Content
Notwithstanding the foregoing, we grant you a limited license to use the unique work product and deliverables we and the Assistants create and deliver to you solely for your own purposes.
Copyright/DMCA Policy
We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Platform infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at team@heylieu.com.
Your DMCA Notice must include all the following:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on the Platform.
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
PLEASE NOTE: Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Exclusions, Disclaimers, & Limitations of Liability
All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates. For clarity, all references to “Platform” in this section include “Services” if you sign an Order Form with us.
The Platform is offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information on the Platform is free from error, (b) the functionality of the Platform will be uninterrupted, secure, or free of errors, (c) defects in the Platform will be corrected, or (d) that the Platform or the equipment the Platform use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Platform, or for any other websites or applications which are linked to or referenced in the Platform. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Platform or your use of the Platform.
All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Platform, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Platform or your use of the Platform must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Platform, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.
Termination
Use of Platform
You may stop using the Platform at any time. Except as provided in an Order Form or elsewhere in these Terms, we may terminate your right to use the Platform at any time, for any reason. In all cases of termination, you will remain liable for any damage you caused or may later cause to us or any part of the Platform. Upon termination, we may delete all your data and information in our systems.
Order Forms
Unless otherwise provided in your Order Form, either party (you or us) may terminate your Order Form at any time for any reason. Upon termination, you must pay us for Services rendered and cease using our Services. Upon termination, we may delete all your data and information in our systems.
Survival of Terms
The following provisions of these Terms will survive any termination of your use of the Platform or Order Form: (a) all provisions restricting your right to use the Platform and all provisions limiting our obligations to you, (b) all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our intellectual property rights and all provisions related to your licenses of (and representations regarding) Your Content, (d) all provisions related to your indemnification obligations and all provisions related to arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to termination of your account and license to use the Platform, and (g) all miscellaneous provisions.
Indemnification
You must indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses and liabilities including attorneys’ fees, costs, judgments, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of the Platform, (b) breach of these Terms or any other policies referenced in these Terms, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You must cooperate, at your expense, with our control and defense of any such matter. You must not settle any such matter without our prior written consent.
Arbitration
If a dispute arises between you and us related to the Platform, your use of the Platform, or these Terms or any policies referenced in these Terms, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings will be held in Johnson County, Kansas, USA, or virtually if both you and we agree to virtual arbitration.
If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of the Platform or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Legal Provisions
Governing Law & Jurisdiction
Our provision of the Platform, your use of the Platform, and these Terms and all policies referenced in these Terms, will be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, or when applicable in the U.S. District Court having jurisdiction over that county.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Platform, your use of the Platform, and these Terms and all policies referenced in these Terms.
Miscellaneous
Entire Agreement
These Terms, and all policies referenced in these Terms (if applicable to you), contain the entire agreement between you and us related to the Platform and your use of the Platform, and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.
Waiver
Any failure or delay by us to exercise any right or remedy in these Terms will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in these Terms will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Severability
Each provision in these Terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these Terms, but the remaining provisions will remain in full force.
Assignment
You may not assign your rights or obligations in these Terms, or any policies referenced in these Terms, without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in these Terms at any time, for any reason, with or without notice to you.
Power to Amend These Terms
We may amend these Terms any time, for any reason, with or without notice to you. Your continued use of the Platform after the amended Terms are posted on the Platform will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Platform with actual knowledge of the amended Terms, or (b) 30 days after the amended Terms are posted on the Platform.
Contact
Unless otherwise required by these Terms or by law, you may contact us at team@heylieu.com.
TERMS OF SERVICE
Version 2.0
Last Modified: 12/23/2024
These Terms require users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.
These Terms of Service (the “Terms”) apply to your use of heylieu.com and all related apps and services (the “Platform”). These Terms are effective as of the Last Modified date above.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Hey Lieu LLC, a Kansas limited liability company. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Platform, and if you are using the Platform on behalf of a business entity, it means both you and that business.
By using the Platform, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Platform on behalf of a business entity, then you represent that you are authorized to use the Platform on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Platform.
Use of the Platform
Limited License to Use the Platform
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Platform solely for your own use, including the ability to arrange and schedule services if you sign an Order Form (defined below) (the “Services”) provided by one or more individuals through the Platform (each an “Assistant”). All restrictions in these Terms which apply to your use of the Platform also apply to your use of the Services.
Service Age Restriction
If you request Services from an Assistant that involve age limitations (such as 18, or 21), then we may require you to provide proof of identity and proof of your age before allowing the Assistant to provide those Services.
Screenshots & Recordings
In most situations we will capture screenshots or otherwise record the screens of Assistants while they are providing Services. We do this to ensure accurate timekeeping as provided below. You may opt out of this monitoring of Assistants providing Services to you by notifying us in writing that you desire to opt out.
Confidentiality
If you work with an Assistant, then it is up to you to decide what information to share (or not share) with those Assistants. We will protect your confidential information as provided below.
No Professional Advice
The Services are limited to the provision of general information and none of the information provided through the Platform or otherwise by the Assistants constitutes licensed professional advice of any kind (legal, financial, medical, etc.).
Non-Solicitation
During the term of your Order Form (defined below) and for two years thereafter you shall not directly or indirectly, for the benefit of you or any third party, actually or attempt to, solicit or hire any Assistants sourced or provided by us (or otherwise interfere with our relationships with them).
Not for Children
The Platform is not designed for children. You may not use the Platform if you are under 13 years old.
Prohibited Uses
You must not directly or indirectly: (a) use the Platform for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Platform available to third parties without our express permission, (c) use the Platform in any way that may harm the Platform, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Platform, or (e) attempt to use the Platform without our express permission after we have terminated your right to use the Platform.
Modifications
We may add to, modify, suspend, or discontinue, all or parts of the Platform at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.
No Support
We will not have any obligation to provide any customer support with respect to your use of the Platform except to the extent we agree to certain support levels with you in writing.
Privacy Policy
Our privacy policy is available at heylieu.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Platform. By using the Platform, you consent to our collection and use of your information, as described in our Privacy Policy.
Order Forms & Service Fees
General
Most of the Platform, and all Services, may only be accessible to you after you sign a written agreement with us in which we agree to provide Assistants and their Services to you (each an “Order Form”). All Order Forms are subject to these Terms.
Promotional Offers
We may offer free, promotional uses of the Platform, in our sole discretion. We may withdraw your right to use any one or more of such promotional offers at any time, for any reason, with or without notice to you.
Fees
Your Order Form will explain the fees you must pay us for the Services and the frequency of such payments. All fees are exclusive of taxes and similar government assessments of every nature and form, all of which you must pay. All fees are considered our Confidential Information, and you must protect the confidentiality of the same as provided below. We may change the fees for the Services annually and will provide you with 30 days advance notice of any such change. You may terminate your Order Form and use of the Services by providing written notice to us any time within those 30 days if you object to the new fees described in the notice (as your sole and exclusively remedy). All fees are non-refundable.
Invoices
We will usually invoice you weekly, however, we may change the frequency of such invoices in our sole discretion (but no less frequently than monthly). Invoices will contain accurate records of hours worked by the Assistants, including dates and descriptions of Services.
Payment
You must provide us with valid payment information as reasonably requested by us in your Order Form. By providing such payment information and signing the Order Form you are authorizing us to charge your payment method for all fees described in each invoice on an ongoing weekly basis (or less frequently if selected by us, but no less frequently than monthly). You must ensure that your payment method remains valid and if it becomes invalid for any reason then you must immediately provide us with a new valid payment method (and in no event before we attempt to charge your payment method for an outstanding invoice).
Collections and Attorney’s Fees
You must reimburse us for our reasonable costs and expenses (including reasonable attorneys’ fees) which we incur enforcing our right to receive all fees you owe under your Order Form. Additionally, we may charge you interest at 1.5% per month for any undisputed fees which are not timely paid in accordance with your Order Form.
Failure to Pay
If we are unable to successfully charge your payment method for fees you owe under your Order Form, then we may provide you with written notice (including email) of the unsuccessful payment. If we provide such notice, then you will have seven calendar days to provide us with a new valid payment method. If you do not timely provide such a new method, or if you do provide a new method but we are unable to successfully charge your payment method for fees you owe under your Order Form, then we may immediately terminate your Order Form (and your right to use the Platform).
User Accounts
User Accounts
We may allow you to create an account (or we may create one for you) to use the Platform. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.
Account Responsibilities
You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.
Customer Data
Your Content
“Your Content” means all data, information, files, text, images, videos, recordings, and any other content, you submit to us or any Assistant through the Platform or otherwise because of your relationship with us and the Assistants. Notwithstanding the foregoing, Anonymous Data (as contemplated in our Privacy Policy) does not constitute Your Content. As between you and us, you retain ownership of Your Content. By submitting Your Content, you represent that you own Your Content, or otherwise have legal rights to use Your Content, and that the license you grant us to use your Content is valid and does not violate any other contract or law.
License to Use Your Content
By submitting Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Platform, including to provide Services to you, (b) to prevent or address service, security, support, and technical issues, with the Platform, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content.
Confidentiality
If you sign an Order Form with us, then this confidentiality section will apply to your relationship with us. As a result of you and us signing an Order Form, each party is likely to disclose Confidential Information to the other that the disclosing party desires to maintain as confidential. Accordingly, the recipient must (1) protect the confidentiality of the disclosing party’s Confidential Information in the recipient’s possession, (2) not use any of the disclosing party’s Confidential Information except for the benefit of the disclosing party, and (3) not disclose any of the disclosing party’s Confidential Information to any third party. Notwithstanding the foregoing, the recipient may disclose the disclosing party’s Confidential Information (a) to the recipient’s employees and contractors as necessary for normal business operations (provided each additional recipient agrees to protect the disclosing party’s Confidential Information in a written agreement containing confidentiality obligations substantially similar to the confidentiality obligations in this section), and (b) to the extent the recipient is compelled to do so by law if it provides reasonable prior notice to the disclosing party (unless otherwise ordered by a court with competent jurisdiction). “Confidential Information” means all the disclosing party’s oral and written information which a reasonable person would deem confidential (including third-party information held in confidence by the disclosing party) which is acquired by or disclosed to the recipient. “Confidential Information” does not include information the recipient can demonstrate (i) becomes known to the public through no fault of the recipient, (ii) was independently developed by the recipient without use of the disclosing party’s Confidential Information, or (iii) was rightfully given to the recipient by another party. Upon written demand from the disclosing party, the recipient must promptly return (or if requested by the disclosing party destroy) all the disclosing party’s Confidential Information in the recipient’s possession (in all forms including all copies). This section will not limit a party’s rights under applicable trade secret laws. Each party provides its Confidential Information under your Order Form on an “as is” basis without any warranties, whether express or implied, and without any verification as to its accuracy, suitability, or completeness. Each party’s obligations in this section will apply during the duration of your Order Form and for ten years thereafter.
Intellectual Property
Our Property Rights
The Platform (including all design, software, code, and other content on the Platform, and including all work product and deliverables created by the Assistants) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Platform does not grant any rights to you other than the right to use the Platform for their intended purpose as outlined in these Terms.
Limited License to Use Our Content
Notwithstanding the foregoing, we grant you a limited license to use the unique work product and deliverables we and the Assistants create and deliver to you solely for your own purposes.
Copyright/DMCA Policy
We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Platform infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at team@heylieu.com.
Your DMCA Notice must include all the following:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on the Platform.
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
PLEASE NOTE: Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Exclusions, Disclaimers, & Limitations of Liability
All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates. For clarity, all references to “Platform” in this section include “Services” if you sign an Order Form with us.
The Platform is offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information on the Platform is free from error, (b) the functionality of the Platform will be uninterrupted, secure, or free of errors, (c) defects in the Platform will be corrected, or (d) that the Platform or the equipment the Platform use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Platform, or for any other websites or applications which are linked to or referenced in the Platform. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Platform or your use of the Platform.
All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Platform, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Platform or your use of the Platform must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Platform, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.
Termination
Use of Platform
You may stop using the Platform at any time. Except as provided in an Order Form or elsewhere in these Terms, we may terminate your right to use the Platform at any time, for any reason. In all cases of termination, you will remain liable for any damage you caused or may later cause to us or any part of the Platform. Upon termination, we may delete all your data and information in our systems.
Order Forms
Unless otherwise provided in your Order Form, either party (you or us) may terminate your Order Form at any time for any reason. Upon termination, you must pay us for Services rendered and cease using our Services. Upon termination, we may delete all your data and information in our systems.
Survival of Terms
The following provisions of these Terms will survive any termination of your use of the Platform or Order Form: (a) all provisions restricting your right to use the Platform and all provisions limiting our obligations to you, (b) all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our intellectual property rights and all provisions related to your licenses of (and representations regarding) Your Content, (d) all provisions related to your indemnification obligations and all provisions related to arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to termination of your account and license to use the Platform, and (g) all miscellaneous provisions.
Indemnification
You must indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses and liabilities including attorneys’ fees, costs, judgments, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of the Platform, (b) breach of these Terms or any other policies referenced in these Terms, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You must cooperate, at your expense, with our control and defense of any such matter. You must not settle any such matter without our prior written consent.
Arbitration
If a dispute arises between you and us related to the Platform, your use of the Platform, or these Terms or any policies referenced in these Terms, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings will be held in Johnson County, Kansas, USA, or virtually if both you and we agree to virtual arbitration.
If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of the Platform or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Legal Provisions
Governing Law & Jurisdiction
Our provision of the Platform, your use of the Platform, and these Terms and all policies referenced in these Terms, will be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, or when applicable in the U.S. District Court having jurisdiction over that county.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Platform, your use of the Platform, and these Terms and all policies referenced in these Terms.
Miscellaneous
Entire Agreement
These Terms, and all policies referenced in these Terms (if applicable to you), contain the entire agreement between you and us related to the Platform and your use of the Platform, and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.
Waiver
Any failure or delay by us to exercise any right or remedy in these Terms will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in these Terms will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Severability
Each provision in these Terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these Terms, but the remaining provisions will remain in full force.
Assignment
You may not assign your rights or obligations in these Terms, or any policies referenced in these Terms, without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in these Terms at any time, for any reason, with or without notice to you.
Power to Amend These Terms
We may amend these Terms any time, for any reason, with or without notice to you. Your continued use of the Platform after the amended Terms are posted on the Platform will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Platform with actual knowledge of the amended Terms, or (b) 30 days after the amended Terms are posted on the Platform.
Contact
Unless otherwise required by these Terms or by law, you may contact us at team@heylieu.com.
TERMS OF SERVICE
Version 2.0
Last Modified: 12/23/2024
These Terms require users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.
These Terms of Service (the “Terms”) apply to your use of heylieu.com and all related apps and services (the “Platform”). These Terms are effective as of the Last Modified date above.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Hey Lieu LLC, a Kansas limited liability company. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Platform, and if you are using the Platform on behalf of a business entity, it means both you and that business.
By using the Platform, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Platform on behalf of a business entity, then you represent that you are authorized to use the Platform on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Platform.
Use of the Platform
Limited License to Use the Platform
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Platform solely for your own use, including the ability to arrange and schedule services if you sign an Order Form (defined below) (the “Services”) provided by one or more individuals through the Platform (each an “Assistant”). All restrictions in these Terms which apply to your use of the Platform also apply to your use of the Services.
Service Age Restriction
If you request Services from an Assistant that involve age limitations (such as 18, or 21), then we may require you to provide proof of identity and proof of your age before allowing the Assistant to provide those Services.
Screenshots & Recordings
In most situations we will capture screenshots or otherwise record the screens of Assistants while they are providing Services. We do this to ensure accurate timekeeping as provided below. You may opt out of this monitoring of Assistants providing Services to you by notifying us in writing that you desire to opt out.
Confidentiality
If you work with an Assistant, then it is up to you to decide what information to share (or not share) with those Assistants. We will protect your confidential information as provided below.
No Professional Advice
The Services are limited to the provision of general information and none of the information provided through the Platform or otherwise by the Assistants constitutes licensed professional advice of any kind (legal, financial, medical, etc.).
Non-Solicitation
During the term of your Order Form (defined below) and for two years thereafter you shall not directly or indirectly, for the benefit of you or any third party, actually or attempt to, solicit or hire any Assistants sourced or provided by us (or otherwise interfere with our relationships with them).
Not for Children
The Platform is not designed for children. You may not use the Platform if you are under 13 years old.
Prohibited Uses
You must not directly or indirectly: (a) use the Platform for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Platform available to third parties without our express permission, (c) use the Platform in any way that may harm the Platform, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Platform, or (e) attempt to use the Platform without our express permission after we have terminated your right to use the Platform.
Modifications
We may add to, modify, suspend, or discontinue, all or parts of the Platform at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.
No Support
We will not have any obligation to provide any customer support with respect to your use of the Platform except to the extent we agree to certain support levels with you in writing.
Privacy Policy
Our privacy policy is available at heylieu.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Platform. By using the Platform, you consent to our collection and use of your information, as described in our Privacy Policy.
Order Forms & Service Fees
General
Most of the Platform, and all Services, may only be accessible to you after you sign a written agreement with us in which we agree to provide Assistants and their Services to you (each an “Order Form”). All Order Forms are subject to these Terms.
Promotional Offers
We may offer free, promotional uses of the Platform, in our sole discretion. We may withdraw your right to use any one or more of such promotional offers at any time, for any reason, with or without notice to you.
Fees
Your Order Form will explain the fees you must pay us for the Services and the frequency of such payments. All fees are exclusive of taxes and similar government assessments of every nature and form, all of which you must pay. All fees are considered our Confidential Information, and you must protect the confidentiality of the same as provided below. We may change the fees for the Services annually and will provide you with 30 days advance notice of any such change. You may terminate your Order Form and use of the Services by providing written notice to us any time within those 30 days if you object to the new fees described in the notice (as your sole and exclusively remedy). All fees are non-refundable.
Invoices
We will usually invoice you weekly, however, we may change the frequency of such invoices in our sole discretion (but no less frequently than monthly). Invoices will contain accurate records of hours worked by the Assistants, including dates and descriptions of Services.
Payment
You must provide us with valid payment information as reasonably requested by us in your Order Form. By providing such payment information and signing the Order Form you are authorizing us to charge your payment method for all fees described in each invoice on an ongoing weekly basis (or less frequently if selected by us, but no less frequently than monthly). You must ensure that your payment method remains valid and if it becomes invalid for any reason then you must immediately provide us with a new valid payment method (and in no event before we attempt to charge your payment method for an outstanding invoice).
Collections and Attorney’s Fees
You must reimburse us for our reasonable costs and expenses (including reasonable attorneys’ fees) which we incur enforcing our right to receive all fees you owe under your Order Form. Additionally, we may charge you interest at 1.5% per month for any undisputed fees which are not timely paid in accordance with your Order Form.
Failure to Pay
If we are unable to successfully charge your payment method for fees you owe under your Order Form, then we may provide you with written notice (including email) of the unsuccessful payment. If we provide such notice, then you will have seven calendar days to provide us with a new valid payment method. If you do not timely provide such a new method, or if you do provide a new method but we are unable to successfully charge your payment method for fees you owe under your Order Form, then we may immediately terminate your Order Form (and your right to use the Platform).
User Accounts
User Accounts
We may allow you to create an account (or we may create one for you) to use the Platform. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.
Account Responsibilities
You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.
Customer Data
Your Content
“Your Content” means all data, information, files, text, images, videos, recordings, and any other content, you submit to us or any Assistant through the Platform or otherwise because of your relationship with us and the Assistants. Notwithstanding the foregoing, Anonymous Data (as contemplated in our Privacy Policy) does not constitute Your Content. As between you and us, you retain ownership of Your Content. By submitting Your Content, you represent that you own Your Content, or otherwise have legal rights to use Your Content, and that the license you grant us to use your Content is valid and does not violate any other contract or law.
License to Use Your Content
By submitting Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Platform, including to provide Services to you, (b) to prevent or address service, security, support, and technical issues, with the Platform, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content.
Confidentiality
If you sign an Order Form with us, then this confidentiality section will apply to your relationship with us. As a result of you and us signing an Order Form, each party is likely to disclose Confidential Information to the other that the disclosing party desires to maintain as confidential. Accordingly, the recipient must (1) protect the confidentiality of the disclosing party’s Confidential Information in the recipient’s possession, (2) not use any of the disclosing party’s Confidential Information except for the benefit of the disclosing party, and (3) not disclose any of the disclosing party’s Confidential Information to any third party. Notwithstanding the foregoing, the recipient may disclose the disclosing party’s Confidential Information (a) to the recipient’s employees and contractors as necessary for normal business operations (provided each additional recipient agrees to protect the disclosing party’s Confidential Information in a written agreement containing confidentiality obligations substantially similar to the confidentiality obligations in this section), and (b) to the extent the recipient is compelled to do so by law if it provides reasonable prior notice to the disclosing party (unless otherwise ordered by a court with competent jurisdiction). “Confidential Information” means all the disclosing party’s oral and written information which a reasonable person would deem confidential (including third-party information held in confidence by the disclosing party) which is acquired by or disclosed to the recipient. “Confidential Information” does not include information the recipient can demonstrate (i) becomes known to the public through no fault of the recipient, (ii) was independently developed by the recipient without use of the disclosing party’s Confidential Information, or (iii) was rightfully given to the recipient by another party. Upon written demand from the disclosing party, the recipient must promptly return (or if requested by the disclosing party destroy) all the disclosing party’s Confidential Information in the recipient’s possession (in all forms including all copies). This section will not limit a party’s rights under applicable trade secret laws. Each party provides its Confidential Information under your Order Form on an “as is” basis without any warranties, whether express or implied, and without any verification as to its accuracy, suitability, or completeness. Each party’s obligations in this section will apply during the duration of your Order Form and for ten years thereafter.
Intellectual Property
Our Property Rights
The Platform (including all design, software, code, and other content on the Platform, and including all work product and deliverables created by the Assistants) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Platform does not grant any rights to you other than the right to use the Platform for their intended purpose as outlined in these Terms.
Limited License to Use Our Content
Notwithstanding the foregoing, we grant you a limited license to use the unique work product and deliverables we and the Assistants create and deliver to you solely for your own purposes.
Copyright/DMCA Policy
We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Platform infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at team@heylieu.com.
Your DMCA Notice must include all the following:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on the Platform.
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
PLEASE NOTE: Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Exclusions, Disclaimers, & Limitations of Liability
All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates. For clarity, all references to “Platform” in this section include “Services” if you sign an Order Form with us.
The Platform is offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information on the Platform is free from error, (b) the functionality of the Platform will be uninterrupted, secure, or free of errors, (c) defects in the Platform will be corrected, or (d) that the Platform or the equipment the Platform use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Platform, or for any other websites or applications which are linked to or referenced in the Platform. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Platform or your use of the Platform.
All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in these Terms will apply to the fullest extent permitted by law.
Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Platform, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Platform or your use of the Platform must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Platform, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.
Termination
Use of Platform
You may stop using the Platform at any time. Except as provided in an Order Form or elsewhere in these Terms, we may terminate your right to use the Platform at any time, for any reason. In all cases of termination, you will remain liable for any damage you caused or may later cause to us or any part of the Platform. Upon termination, we may delete all your data and information in our systems.
Order Forms
Unless otherwise provided in your Order Form, either party (you or us) may terminate your Order Form at any time for any reason. Upon termination, you must pay us for Services rendered and cease using our Services. Upon termination, we may delete all your data and information in our systems.
Survival of Terms
The following provisions of these Terms will survive any termination of your use of the Platform or Order Form: (a) all provisions restricting your right to use the Platform and all provisions limiting our obligations to you, (b) all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our intellectual property rights and all provisions related to your licenses of (and representations regarding) Your Content, (d) all provisions related to your indemnification obligations and all provisions related to arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to termination of your account and license to use the Platform, and (g) all miscellaneous provisions.
Indemnification
You must indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses and liabilities including attorneys’ fees, costs, judgments, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of the Platform, (b) breach of these Terms or any other policies referenced in these Terms, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You must cooperate, at your expense, with our control and defense of any such matter. You must not settle any such matter without our prior written consent.
Arbitration
If a dispute arises between you and us related to the Platform, your use of the Platform, or these Terms or any policies referenced in these Terms, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings will be held in Johnson County, Kansas, USA, or virtually if both you and we agree to virtual arbitration.
If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of the Platform or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Legal Provisions
Governing Law & Jurisdiction
Our provision of the Platform, your use of the Platform, and these Terms and all policies referenced in these Terms, will be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, or when applicable in the U.S. District Court having jurisdiction over that county.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Platform, your use of the Platform, and these Terms and all policies referenced in these Terms.
Miscellaneous
Entire Agreement
These Terms, and all policies referenced in these Terms (if applicable to you), contain the entire agreement between you and us related to the Platform and your use of the Platform, and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.
Waiver
Any failure or delay by us to exercise any right or remedy in these Terms will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in these Terms will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Severability
Each provision in these Terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these Terms, but the remaining provisions will remain in full force.
Assignment
You may not assign your rights or obligations in these Terms, or any policies referenced in these Terms, without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in these Terms at any time, for any reason, with or without notice to you.
Power to Amend These Terms
We may amend these Terms any time, for any reason, with or without notice to you. Your continued use of the Platform after the amended Terms are posted on the Platform will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Platform with actual knowledge of the amended Terms, or (b) 30 days after the amended Terms are posted on the Platform.
Contact
Unless otherwise required by these Terms or by law, you may contact us at team@heylieu.com.
Ready to
Get Started?
Didn't find the answers you're looking for? We are ready to answer any other questions you may have when you book a demo.
Still have more questions?
Check this out!
What is a virtual assistant, and how can they help me?
How do I communicate with my virtual assistant?
Are your virtual assistants experienced and qualified?
How do I assign tasks to my virtual assistant?
Ready to
Get Started?
Didn't find the answers you're looking for? We are ready to answer any other questions you may have when you book a demo.
Still have more questions?
Check this out!
What is a virtual assistant, and how can they help me?
How do I communicate with my virtual assistant?
Are your virtual assistants experienced and qualified?
How do I assign tasks to my virtual assistant?
Ready to
Get Started?
Didn't find the answers you're looking for? We are ready to answer any other questions you may have when you book a demo.
Still have more questions?
Check this out!
What is a virtual assistant, and how can they help me?
How do I communicate with my virtual assistant?
Are your virtual assistants experienced and qualified?
How do I assign tasks to my virtual assistant?
Copyright 2024, Hey Lieu
Still have more questions?
Check this out!
What is a virtual assistant, and how can they help me?
How do I communicate with my virtual assistant?
Are your virtual assistants experienced and qualified?
How do I assign tasks to my virtual assistant?
Ready to
Get Started?
If there are question you want to ask, we will answer all your question