Thank you for joining Hello Everyday’s beta test! We are thrilled to have you onboard. We’ve designed this document to be clear and easy to understand for everyone. Please carefully read and fully understand the End User Agreement and Privacy Policy (together called the “Agreement”), including important details about Hello Everyday’s responsibilities, how disputes are handled, and which laws apply. A minor should be accompanied by his/her legal guardian while reading this Agreement. By downloading, installing and using the Hello Everyday App (the “App”), setting up your account, or using our device (the Device), you agree to accept this Agreement and everything it includes. When referring to both the Hello Everyday App and the Hello Everyday Device, we will hereinafter call it the “System”.
Hello Everyday reserves the right to amend this Agreement. Updated terms of this Agreement will be published on the App and will take effect right away. If you do not accept the amended terms, please stop using the System and services immediately. The user’s continued use of the System and services provided by Hello Everyday will be deemed acceptance of the amended terms of this agreement.
1. General Provisions for Beta Test
1.1. This Agreement is the agreement between you (the “User”) and Hello Everyday, Inc. concerning the User’s downloading, installation and use of the System and related services.
1.2. This is a beta test of a new product in the market. This product has not yet been certified by the necessary regulators. Although we have taken all precautions to ensure that the Device is safe, users will hold the company harmless if the Device was to fail or not function as intended.
1.3. The System is intended to increase connectivity between Users and their Circle. The Device is not intended for real time monitoring or to detect falls. User activity is not actively monitored by the company and we are not responsible for the safety of the users.
1.4. The Device senses presence. It cannot distinguish between multiple individuals. It can be programmed to ignore pets that may come into its field of view such as cats and dogs. However it may be activated by other movement in its field of view such as oscillating fans, swaying curtains, etc. Users are encouraged to review their activity data on the App periodically and contact the company if they see activity recorded that is inaccurate.
1.5. Hello Everyday is not a replacement for traditional two-way telephone or mobile phone service, and does not function as such. The User acknowledges that the App cannot access emergency services, such as 911. Hello Everyday is not designed or intended to be used to send or receive emergency communications to any police, fire department, hospital, or any other service that connects a user to a public safety answering point. The User should ensure alternative communication methods to contact relevant emergency service providers.
1.6. Hello Everyday may reach out to Users periodically for feedback on the System.
1.7. Hello Everyday will be collecting activity data from the System and may reach out to User to clarify observed trends. Hello Everyday reserves the right to use the anonymized user data for academic publications, marketing materials etc. Hello Everyday may apply machine learning to analyze the data and highlight trends.
1.8. The beta test is at the discretion of Hello Everyday, Inc. The ownership and right to operate of the System and related services shall be vested in Hello Everyday. We reserve the right to recall the System at any time and/or terminate the beta test.
1.9. The System is restricted within the United States.
2. Scope of Software Licensing
2.1. Hello Everyday grants the User a personal, non-transferable and non-exclusive license to use the App without the right to sublicense.
2.2. The User can install, use, display and run the App on any computing device for non-commercial purposes. The User shall not copy, alter or modify any part of the app, its data, or the data it creates while running. The User also cannot use unauthorized tools or services to access the app or its system, use plug-ins, or create spin-offs of the app in any way.
2.3. Except as expressly authorized by this Agreement, Hello Everyday does not grant other rights to the User. If the User intends to use any other right, the written consent from Hello Everyday shall be obtained in advance.
3. App Acquisition, Installation and Upgrading
3.1. The User shall download and install the App from the website or in the manner designated by Hello Everyday. Please do not download the App on unspecified websites, so as to prevent computing devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you acquire the App or the installation program with the same name as the App from a third party that has not been authorized by Hello Everyday, Hello Everyday cannot guarantee it will be used normally and Hello Everyday accepts no liability for any loss thereby caused to you.
3.2. In order to improve User experience and optimized service content, Hello Everyday reserves the right to provide a replaced, modified and upgraded version of the App, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. After the new version of the App is released, Hello Everyday does not guarantee that older versions of the App will continue to be usable.
4. Usage Specifications
4.1. The User may use the System and services in accordance with this Agreement and applicable laws. The User shall not commit the following acts:
4.1.1. Delete any copyright information on the System and other copies, or modify, delete or circumvent the technical measures set by the System for the protection of intellectual property rights;
4.1.2. Perform reverse engineering of the System, such as disassembly, decompilation or other attempts to obtain the source code of the System;
4.1.3. Add, remove or change the features or running effects of the App by modifying or forging the instructions and data during the running of the App, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;
4.1.4. Use the App to harm network security in any way. This includes, but is not limited to: accessing data or servers without permission, tampering with or adding information on someone else’s network or system, trying to find or exploit weaknesses in the app or its systems, interfering with how the System works, spreading viruses or harmful programs, or faking data to disrupt network services;
4.1.5. Without the written consent of Hello Everyday, the User does anything on the App or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror website, or unauthorized use of the App to develop related derivative products, works, services, plug-ins;
4.1.6. Use the App to publish, transmit, disseminate or store any content that violates local laws and, endangers national security, social stability or public order, or any improper, insulting obscene or violent content, or any content in violation of national laws and regulations;
4.1.7. Use the App to publish, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;
4.1.8. Use the App to publish, transmit or disseminate advertising information or spam in bulk;
4.1.9. Use the System and other services provided by Hello Everyday, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement.
4.2. Information Publication Specifications
4.2.1. You may use the App to publish information such as views, data, text, information, user names, pictures, photos, personal information, audio or video files, links and so on that are created by you or that you have the right to publish. You must guarantee that you have the intellectual property rights or you have obtained the legal authorization of the information uploaded by you, and that your use of the App and services does not infringe any legitimate rights or interest of any third party.
4.2.2. While using the System, you are required to comply with local laws and regulations.
4.2.3. You shall not use the System to commit the following acts, including but not limited to
4.2.3.1. Produce, reproduce, publish, disseminate or store any of the contents that violate local laws and regulations;
4.2.3.2 Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;
4.2.3.3. Make up the fact or conceal the truth to mislead or deceive others;
4.2.3.4. Publish, transmit or disseminate advertising information or spam;
4.2.3.5. Engage in other acts that violate local laws and regulations, policies, public order, social morality and so on.
4.2.4. Without the permission of Hello Everyday, you shall not carry out any commercial conduct in the App, such as advertising, selling merchandise.
You understand and agree that:
4.3. Hello Everyday will determine whether the User is suspected of violating terms of this Agreement and, based on the result of such determination, suspend or terminate the license to use granted to you or take other restrictive measures that may be taken in accordance with this Agreement;
4.3.1. Hello Everyday will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed App;
4.3.2. If you violate the terms of this Agreement and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold Hello Everyday harmless from and against any loss or expense arising therefrom;
4.3.3. The User shall indemnify and hold harmless Hello Everyday from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs incurred or suffered by Hello Everyday resulting from the User’s violation of relevant laws or breach of this Agreement.
5. Privacy Policy and Personal Data Protection
5.1 Our Commitment to You
5.1.1. It is important for Hello Everyday to protect your personal data. The following sets out how Hello Everyday collects, uses, discloses, processes and protects any personal information that the User provides when using the System. Should we ask you to provide certain information by which you can be identified when using Hello Everyday’s products and services, it will only be used in accordance with the End User Agreement and Privacy Policy.
5.1.2. We are committed to protecting the privacy, confidentiality and security of personal information (defined as information that can be used to identify an individual, either from that information alone or from that information combined with other information Hello Everyday has access to about that individual) by complying with applicable laws, including your local data protection legislation.
5.1.3. In order to provide our services to the User, Hello Everyday will ask User to provide personal information that is necessary to provide those services to you. If you do not provide your personal information, Hello Everyday may not be able to provide you with our products or services.
5.1.4. If you have any concerns with Hello Everyday’s data handling practices, please contact us at info@hello-everyday.com.
5.2 What Information is Collected and How We Can Use It
5.2.1. Hello Everyday will only collect the information that is necessary for its specified, explicit and legitimate purposes. We may collect the following types of information (which may or may not be personal information):
Account information. We may collect information related to your account, including your Hello Everyday Account nickname, profile photo, shared Hello Everyday Account, phone number, email address.
Device information. We may collect and use information related to your device, including device name, manufacturer, model, firmware version, serial number, hardware version, device board temperature, network information, software system version, desktop shortcut settings.
Location information. We may collect the following location information of the device(s) on which you installed Hello Everyday: region, country code, city code, mobile network code, mobile country code, cell identity, county name, longitude and latitude information, time zone settings, language settings. Such information may be obtained from the User's handheld device or actively provided by users, and such information is necessary for assigning a server and setting users’ time zone. If the data are not collected, the user may not enjoy the relevant services.
Network information. We may collect information related to your network, like Wi-Fi information, device IP, Android ID and MAC address.
Feedback information. We may collect the feedback information that you provide, including feedback content (including product usage or quality problems), router model, basic contact information and error logs.
Information collected by device. We may collect information from device which is connected. You can use the Hello Everyday app to connect to the devices. In order to ensure the smooth operation of the device and provide you with device services, after the device connects to the app, it means that you agree to the information collected by the device, and we will collect data about the device.
5.2.2. We may use your personal information for the following purposes:
Providing, processing, maintaining, improving and developing our goods and/or services to you, including after-sales and customer support and for services on your device or through our website.
Communicating with you about your device, service or any general queries, such as updates, customer inquiry support, information about our events, notices.
Analysis and development of statistical information related to the use of our products and services that are used to further improve our products and services.
Storing and maintaining information related to you for our business operations (such as business statistics) or for fulfilling our legal obligations.
We may use your account information to create a Hello Everyday Account for you, to query the devices bound to the account and ensure that whenever the device is accessed, it is authorized.
We may use the device information to provide the corresponding device functions for you, such as to provide you with alert notifications and device failure notifications. And we also use such information to calculate the number of activated devices and the number of devices connected, analyze the firmware version and push firmware update notifications.
We may collect feedback information to help us analyze issues and contact you in a timely manner to inform you of the solution to your problem.
5.3 With whom we share your information
5.3.1. We do not sell any personal information to third parties.
5.4 Information not requiring consent
5.4.1. Hello Everyday may disclose your personal information to others without further consent when it is required by law. For the avoidance of doubt, Hello Everyday may collect, use or disclose your personal information without your consent if it is and only to the extent it is allowed explicitly under local data protection laws. Such disclosure may be brought about by the necessity to protect our rights, ensure the safety of you and other people, and comply with the requirements of the government to facilitate the investigations of illegal activities.
5.5 Security Safeguards
5.5.1 We are committed to ensuring that your personal information is secure. In order to prevent unauthorized access, disclosure or other similar risks, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect from your using Hello Everyday products and services. We will use all reasonable efforts to safeguard your personal information.
By using our products and services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the site or through the product or service and/or by sending an e-mail to you. You may have a legal right to receive this notice in writing.
What you can do
You can play your part in safeguarding our personal information by not disclosing your login password or account information to anybody unless such person is duly authorized by you. Whenever you log in as a Hello Everyday Account user, particularly on somebody else’s computer or on public Internet terminals, you should always log out at the end of your session.
Hello Everyday cannot be held responsible for lapses in security caused by third party access to your personal information as a result of your failure to keep your personal information private. Notwithstanding the foregoing, you must notify us immediately if there is any unauthorized use of your account by another Internet user or any other breach of security.
Your assistance will help us protect the privacy of your personal information.
5.6 Retention Policy
5.6.1. Personal information will be held for as long as it is necessary to fulfill the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain and delete or anonymize personal information, or remove the means by which the personal information can be associated with particular individuals, as soon as it is reasonable to assume that the purpose for which that personal information was collected is no longer being served by retention of the personal information. If further processing is for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes according to the applicable laws, the data can be further retained by Hello Everyday even if the further processing is incompatible with original purposes.
5.7 Accessing Other Features on your Device
5.7.1. Our applications may need access to certain features on your device such as Wi-Fi network status. This information is used to allow the applications to run on your device and allow you to interact with the applications.
5.8 Your rights to your information: Access, updating, correcting or erasure
5.8.1. You have the right to request access to and/or correction of any other personal information that we hold about you. When you update your personal information, you will be asked to verify your identity before we proceed with your request. Once we obtain sufficient information to accommodate your request for access to or correction of your personal information, we shall proceed to respond to your request within any time frame set out under applicable data protection laws.
5.8.2. Based on the requirements of applicable laws, a copy of your personal data collected and processed by us will be provided to you upon your request free of charge. For any extra request of the same information, we may charge a reasonable fee based on actual administrative costs according to the applicable laws.
5.8.3. If you would like to request access to your personal data held by us or if you believe any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the email address below. Email: info@hello-everyday.com
5.8.4. Based on the requirements of applicable laws, you may have the right to request the deletion, erasure or removal of your personal information where there is no compelling reason for us to keep using it. We shall consider the grounds regarding your erasure request and take reasonable steps, including technical measures. If the right is upheld, we may not be able to immediately remove the information from the backup system due to applicable legal and security technologies. If this is the case, we will securely store your personal information and isolate it from any further processing until the backup can be cleared or be made anonymous.
5.8.5. Although Hello Everyday makes good faith efforts to provide individuals with access to their personal information, there may be circumstances in which Hello Everyday is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where it is commercially proprietary. If Hello Everyday determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Hello Everyday will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
5.9 Withdrawal of consent
5.9.1 You may withdraw your consent for the collection, use and/or disclosure of your personal information in our possession or control by submitting a request. This may be done by sending e-mail to info@hello-everyday.com. We will process your request within a reasonable time from when the request was made, and thereafter not collect, use and/or disclose your personal information as per your request. If you withdraw your consent, it won’t affect anything we’ve already done based on your consent before you withdrew it.
5.9.2 Withdrawal of consent could result in certain consequences. Depending on the extent of your withdrawal of consent for us to process your personal information, it may mean that you will not be able to enjoy Hello Everyday’s products and services.
5.10 Transfer of Personal Information Outside of your Jurisdiction
5.10.1 To the extent that we may need to transfer personal information outside of your jurisdiction to a third party service provider, we shall do so in accordance with the applicable laws. In particular, we will ensure that all transfers will be in accordance with requirements under your applicable local data protection laws by putting in place appropriate safeguards.
6. Service Risk and Disclaimer
6.1. The User must procure the device required for Internet access and the usage of telecom value-added services by the mobile terminal device. The User bears responsibility for the communication fees, information fees and related costs incurred by Internet access of personal mobile terminal devices or charged by third parties. If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.
6.2. Hello Everyday is not liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.
6.3. The App, like most other Internet software, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc. and may also be subject to the harassment relating to various security problems, such as the usage of data of the User by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User contain “Trojan horse” and other viruses, threatening the security of the User’s terminal device information and data, and then affecting the normal use of the App. The User shall enhance the awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.
6.4. When the User uses the App or requests Hello Everyday to provide specific services, the Software may call a third party system or software to support the User’s use or access. The results of the use or access will be provided by the third party. Hello Everyday does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Hello Everyday assume any other uncertain risks; if any dispute or damage is caused thereof, Hello Everyday will not assume any liability.
6.5. Hello Everyday specifically draws the User’s attention to that, in order to protect our business development and adjustment autonomy, Hello Everyday has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
6.6. Except as expressly provided in laws and regulations, we will do our utmost to ensure that the System and the technology and information involved are safe, effective, accurate and reliable; however, subject to the existing technology, the User understands that Hello Everyday cannot guarantee it.
6.7. The User shall be solely liable for any personal injuries or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption or other commercial damages arising out of or in connection with: (1) the use or failure to use the licensed software; (2) unauthorized use of the System or modification of the User’s data by a third party; (3) costs and losses incurred by the User during use of the System; (4) misunderstanding by the User of the System; (5) other losses in connection with the System for reasons not attributable to Hello Everyday.
6.8. In the event of any personal or economic damages or losses that have been or may be caused due to the conduct performed by the User and other software users through any software, or due to the User’s being misled or deceived, the faulting party shall assume all liabilities arising thereof.
7. Statement of Intellectual Property Rights
7.1. Hello Everyday is the intellectual property right holder of the System. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the the System, and all information related to the App (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by local laws and regulations and corresponding international treaties. Hello Everyday enjoys the above intellectual property rights.
7.2. Without the prior written consent of Hello Everyday, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Hello Everyday reserves the right to pursue legal liability for such acts.
8. Amendment
8.1. Hello Everyday reserves the right to amend the terms of this Agreement from time to time at its sole discretion, and any such amended terms will be timely published on the App. If you do not agree to any amendment, you shall take the initiative to cancel the services. If you continue to use the services, it shall be deemed your acceptance of the amended Agreement.
8.2. Hello Everyday reserves the right to modify or change from time to time and at its sole discretion the paid services provided, the charging criteria, charging mode, service charges or service terms. In providing the services, Hello Everyday may start to charge some users for certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue using relevant services after the charging starts. Hello Everyday will do their utmost to notify the User of any amendments or changes by email or otherwise.
8.3.We will seek consent from you again before we collect more personal information from you or when we wish to use or disclose your personal information for new purposes.
9. Applicable Law and Dispute Resolution
9.1. The validity and interpretation of this Agreement shall be governed by the laws of the United States of America.
9.2. This Agreement is signed in Lake Oswego, Oregon, USA.
9.3. Both the User and Hello Everyday agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the place where this Agreement is signed.
9.4. In no event will our or our licensors’ or our service providers’ aggregate liability with respect to any claim arising from or relating to this Agreement or User’s use of Hello Everyday exceed fifty dollars ($50).
10. Miscellaneous
10.1. If any term or condition of this Agreement is deemed invalid, void or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition within the Agreement.
10.2. Our services are restricted to individuals who are 18 years of age or older. We do not permit individuals under the age of 18 on our platform. We consider it is the responsibility of parents to monitor their children’s use of our products and services. Hello Everyday does not knowingly collect personally identifiable information from children. Should a parent or guardian have reasons to believe that a minor has provided Hello Everyday with personal information without their prior consent, please contact us to ensure that the personal information is removed and the minor unsubscribes from any of the applicable Hello Everyday's services.
10.3. If you wish to cancel a specific product or service, you can send an email to info@hello-everyday.com for logout service. If you wish to cancel the Hello Everyday Account, please note that the cancellation will prevent you from using the full range of our products and services. Cancellation may be prevented or delayed in certain circumstances.
Contact Us
If you have any comments or questions about this End User Agreement and Privacy Policy, please email us at info@hello-everyday.com
Thank you for taking the time to understand our End User Agreement and Privacy Policy
