Terms of Service

1. SERVICE OVERVIEW AND LICENSE TERMS

1.1 Description of Services

Hexa provides an AI-powered application, Real Time Speak, that processes screen visuals and potentially audio inputs to provide real-time assistance. This includes allowing users to interact vocally with an AI assistant and enabling the AI to analyze screen content to help users with tasks like writing. The Services are offered via subscription plans which may include usage limits (e.g., based on hours used per month). Hexa observes screen content you permit it to see and processes audio you provide to generate contextually relevant assistance, but does not control your computer or make decisions on your behalf.

1.2 License Grant

Subject to your compliance with the terms and conditions of these Terms, Hexa grants you a non-exclusive, non-transferable, revocable, limited license to download, install, and use the Services for your personal or internal business purposes, consistent with your chosen subscription plan and its associated usage limits. Your right to use the Services is conditional upon your compliance with these Terms. You shall not modify, distribute, sell, lease, loan, or create derivative works based on the Services or any part thereof. The Services are licensed, not sold, to you.

1.3 Service Changes and Disruptions

We reserve the right to change, modify, or remove features or functionality of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

2. USER ACCOUNTS AND PAYMENT

2.1 Account Registration

You must create an account ("User Account") to access certain features of the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are entirely responsible for the security and confidentiality of your account, including your password. Furthermore, you are entirely responsible for any and all activities that occur under your User Account, including monitoring your usage against any applicable limits.

You agree to immediately notify us of any unauthorized use of your User Account or any other breach of your account's security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. By creating a User Account, you agree to receive service-related electronic communications from us. You may opt-out of receiving promotional emails at any time by following the instructions to unsubscribe provided therein.

2.2 User Representations and Warranties

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You have the legal capacity and you agree to comply with these Terms;
• You are not using the Services on behalf of any other individual without their consent or knowledge;
• You are either 18 years of age or older, or if you are a minor, you have obtained parental or legal guardian consent to your use of the Services; The Services are not intended for direct use by individuals under the age of 13.
• You will not access the Services through automated or non-human means, unless specifically authorized by Hexa;
• You will not use the Services for any illegal or unauthorized purpose, including violations of these Terms; and
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

2.3 Payment Terms

• a. Subscription Plans and Usage: We offer paid subscription plans, such as a monthly plan providing a specified amount of usage (e.g., 2 hours per month) for a recurring fee (e.g., $10 per month). Usage limits are based on the duration the Services are actively processing or assisting you. Unused time within a subscription period does not roll over to the next period unless explicitly stated in the plan details.
• b. Additional Usage Credits (Future Offering): We may, in the future, offer the ability to purchase additional usage credits. These credits may have their own terms, including specific usage amounts and expiration dates (e.g., valid for 30 days from purchase). Details will be provided at the time of purchase.
• c. Payment Methods: For paid subscriptions and credits, we accept payment via credit card and other electronic payment methods. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.
• d. Billing Authorization: You agree to pay all charges at the prices then in effect for your subscription and any purchased credits, and you authorize us to charge your chosen payment provider. If your subscription is subject to recurring charges, you consent to our charging your payment method on a recurring basis (e.g., monthly) without requiring your prior approval for each recurring charge, until you cancel your subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
• e. Auto-Renewal: Unless you opt out of auto-renewal through your account settings before your renewal date, any paid subscription you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected (e.g., month-to-month), at the then-current non-promotional rate. To change or cancel paid services, access your account settings. If you terminate a paid service, you may use your subscription until the end of your then-current term (including any remaining usage allowance for that term), and your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
• f. Cancellation Notice: IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS BEFORE THE END OF THE CURRENT RECURRING TERM (E.G., BEFORE THE NEXT MONTHLY BILLING DATE). PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, HEXA WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Purchased credits are non-refundable.

3. ACCEPTABLE USE AND RESTRICTIONS

3.1 Prohibited Uses

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to engage in any of the following prohibited activities:

• a. Using the Services in a manner that violates any applicable local, state, national, or international law or regulation;
• b. Using the Services to cheat on examinations, tests, or assignments that explicitly forbid the use of external assistance;
• c. Using the Services to engage in any academic dishonesty, including plagiarism, cheating, or other violations of educational institutions' integrity policies;
• d. Using the Services to impersonate another person or misrepresent your identity in situations where it would constitute fraud or misrepresentation;
• e. Using the Services to engage in deceptive practices, mislead others, or conduct fraudulent activities;
• f. Using the Services to harass, abuse, or harm another person, or to threaten to do any of the foregoing;
• g. Using the Services to engage in any activity that would violate the privacy rights, publicity rights, or other rights of third parties;
• h. Using the Services' audio or screen capture features in "two-party consent" or "all-party consent" jurisdictions without obtaining proper consent from all participants. You acknowledge that Real Time Speak may capture and process audio or screen content which might constitute "recording" or similar processing under applicable laws. Many jurisdictions require consent from all participants. You are solely responsible for complying with these laws when using Real Time Speak and assume full liability for any consequences arising from failing to obtain necessary consent. Hexa disclaims all liability related to your failure to comply with applicable consent laws;
• i. Systematically retrieving data or content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory;
• j. Circumventing, disabling, or otherwise interfering with security-related features of the Services;
• k. Engaging in unauthorized framing of or linking to the Services;
• l. Uploading or transmitting viruses, malware, or other malicious code;
• m. Attempting to probe, scan, or test the vulnerability of the Services or any related system or network or breach security or authentication measures;
• n. Using any robot, spider, or other automated device, process, or means to access the Services for any purpose not explicitly permitted;
• o. Taking any action that places an unreasonable or disproportionately large load on our infrastructure;
• p. Using the Services to send unauthorized advertising or promotional material;
• q. Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; or
• r. Impersonating or attempting to impersonate Hexa, a Hexa employee, another user, or any other person or entity.

3.2 Educational Integrity and Ethical Use

• a. The Services are designed to assist and support users, not to replace individual effort, knowledge, or decision-making.
• b. You acknowledge that using the Services in educational contexts may be subject to specific rules and policies established by educational institutions, testing bodies, or other authorities regarding external assistance.
• c. You are solely responsible for understanding and complying with all applicable rules, policies, and guidelines regarding the use of technological assistance in your specific context.
• d. Hexa is not responsible for any consequences resulting from your use of the Services in violation of any educational institution's policies, professional codes of conduct, employment policies, or other applicable rules.
• e. You agree to use the Services in an ethical manner that respects the integrity of educational processes, professional interactions, and other contexts where external assistance may be restricted.

3.3 Service Management

• a. Monitor your use of Services for violations of these Terms and adherence to usage limits;
• b. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
• c. Refuse, restrict access to, limit the availability of, or disable any of your Contributions (as defined below) or any portion thereof;
• d. Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
• e. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

4. INTELLECTUAL PROPERTY AND USER DATA

4.1 Intellectual Property Rights

Hexa is the sole owner or licensor of all intellectual property rights in our Services, including all source code, databases, functionality, software, algorithms, designs, audio, text, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). For the avoidance of doubt, Content does not include User Contributions (as defined below). We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of our intellectual property rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

All Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in the United States and worldwide. Except as expressly set forth herein, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our advanced written consent.

We respect others' intellectual property rights and reserve the right to delete or disable access to any material alleged to be infringing and to terminate the accounts of repeat alleged infringers. If you believe that any content on our Services violates your copyright, please contact us at the email address provided in the Contact Information section.

4.2 User Data and Contributions

• a. Collection and Use: During your use of the Services, Hexa captures visual data from your screen (that you permit access to) and potentially audio inputs (e.g., when you speak to the AI) for the purpose of providing real-time assistance and enabling the core functionality of Real Time Speak. We refer to these inputs, any text generated with the assistance of the Services, and any other information you provide through the Services as your "Contributions."
• b. Ownership and License: You maintain ownership of your Contributions. However, by submitting Contributions through the Services, you grant Hexa a worldwide, non-exclusive, royalty-free license to use, process, store, and analyze your Contributions for the purpose of providing the Services to you and improving our technology.
• c. Aggregated Data: We may use aggregated and anonymized data derived from Contributions to improve our Services, conduct research, and enhance our algorithms. Such aggregated data will not identify you personally.
• d. Representations: You represent and warrant that you have all necessary rights, licenses, and permissions to submit your Contributions to Hexa and that your Contributions do not violate any third-party intellectual property rights, privacy rights, or other rights.
• e. Privacy: Hexa will handle your Contributions in accordance with our Privacy Policy.

4.3 Third-Party Applications and Services

• a. The Services may integrate with, rely upon, or connect to third-party applications, websites, or services (e.g., payment processors). These third-party services are not under our control (other than our direct service providers acting on our behalf), and we are not responsible for their content, privacy policies, or practices.
• b. Your interactions with any third-party services are governed by the terms and privacy policies of those third parties. We encourage you to read the terms and privacy policies of any third-party service that you interact with through our Services.
• c. Hexa does not endorse or assume any responsibility for any third-party services or content not directly contracted by us to provide the Services. Any use of third-party services is at your own risk, and you should be aware that our Terms may not apply to those interactions.

5. LEGAL TERMS AND CONDITIONS

5.1 Term and Termination

• a. These Terms shall remain in full force and effect while you use the Services. Either party may terminate the agreement at any time, with or without cause. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION, including for violation of these Terms or exceeding usage limits without appropriate subscription or credits.
• b. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action for any violations of these Terms.
• c. You may terminate your license to use the Services at any time by cancelling your subscription through your account settings and uninstalling the application. For subscription licenses, your cancellation will take effect at the end of the current paid term. You will not receive any pro-rata refund for any amounts paid under a subscription license or for any purchased credits.

5.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEXA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEXA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HEXA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT HEXA'S SERVICES, INCLUDING AI-GENERATED ASSISTANCE, MAY NOT ALWAYS PROVIDE COMPLETE OR FULLY ACCURATE INFORMATION OR ASSISTANCE, AND YOU AGREE TO INDEPENDENTLY VERIFY ANY INFORMATION OR SUGGESTIONS PROVIDED THROUGH THE SERVICES BEFORE RELYING ON THEM. HEXA SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ACTIONS TAKEN OR NOT TAKEN BASED ON INFORMATION OR SUGGESTIONS PROVIDED BY THE SERVICES.

5.3 Limitation of Liability

IN NO EVENT SHALL HEXA, ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HEXA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5.4 Indemnification

You agree to defend, indemnify, and hold Hexa harmless, including our subsidiaries, affiliates, and all of our respective officers, managers, members, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• a. Your use of the Services;
• b. Your breach of these Terms;
• c. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
• d. Any harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

5.5 Governing Law and Dispute Resolution

• a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
• b. Arbitration Agreement: Please read the following arbitration agreement carefully. It requires you to arbitrate certain disputes with Hexa and limits the manner in which you can seek relief.
• i. Applicability: All claims and disputes arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration, except for disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
• ii. Arbitration Process: The arbitration will be conducted in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.
• iii. Location and Format: The arbitration shall take place in Collin County, Texas, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Hexa may elect to have the arbitration conducted by telephone or based solely on written submissions.
• iv. Costs: We will pay all arbitration fees for claims less than $75,000, unless the arbitrator finds your claim is frivolous. For claims above $75,000, payment of fees will be governed by the JAMS Rules.
• v. Finality: The arbitrator's decision will be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
• vi. Waiver of Jury Trial: YOU AND HEXA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
• vii. Waiver of Class Actions: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES IS PERSONAL TO YOU AND HEXA AND WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
• viii. Opt-out Rights: You have the right to opt out of this arbitration agreement by sending written notice via email to [email protected] within 30 days of first accepting these Terms. Your email must include your name, address, the email address associated with your account, and an explicit statement that you want to opt out of the arbitration agreement in the Terms of Service. (Note: Using email for opt-out is common; confirm if a physical address is preferred).
• ix. Severability: If any part of this arbitration agreement is found to be invalid or unenforceable, then the entire arbitration agreement shall be null and void.

5.6 Compliance with Applicable Laws

Your use of the Services must comply with all applicable laws and regulations. You are solely responsible for ensuring that your use of the Services is in compliance with all laws applicable to you, including but not limited to laws related to data privacy, intellectual property, education, employment, and professional conduct.

6. MISCELLANEOUS PROVISIONS

6.1 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, subscription details, usage, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

6.2 Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at [email protected]. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use and incorporate your Feedback into our Services without any obligation to compensate you.

6.3 Relationship of the Parties

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or any other form of legal association between you and Hexa. You are not authorized to create any obligation or responsibility on behalf of Hexa.

6.4 Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (e.g., changes to pricing, usage limits, governing law, arbitration), we will provide at least 30 days' notice prior to any new terms taking effect, typically via email or a notice within the Services. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services and cancel your account.

6.5 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hexa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

6.6 Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

6.7 Waiver

No failure to exercise, and no delay in exercising, on our part, any right or any power under these Terms shall operate as a waiver of that right or power, nor shall any single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right or power.

6.8 Force Majeure

Hexa will not be liable for any failure or delay in performing our obligations under these Terms that results from any cause beyond our reasonable control, including but not limited to acts of God, labor disputes, war, terrorism, fires, floods, epidemics, pandemics, internet outages, or changes in laws or regulations.

6.9 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and HEXA LLC concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Hexa with respect to the Services.

These Terms of Service are provided for informational purposes and should be reviewed by a qualified legal professional familiar with your business and applicable law before publication.