420 Pro Edition
Soil Edition
OG Pro Edition
Humidifier Gen2
Seed Kit Gen2
Bio365 Soil
420 Edition
Smart Fan
Smart Cam
Drying Rack
Bluetooth pH Meter
Drip Kit
Starter’s Kit
Microscope Lens
Abby is an intelligent automated grow that integrates a sunlight simulator, a water circulation system, and a climate controller. Everything is running with an expert tuned algorithm.
Heyabby(“Heyabby,” “we” or “us”) is committed to protecting your privacy. Heyabby is an application(“APP”) that can help you grow plants, simply and scientifically. Heyabby APP belongs to CL Design Studio LLC at 3035 Cadillac Ave M204, Costa Mesa, CA 92626. This Privacy Policy explains how your information (“personal information”) is collected, utilized and disclosed by Heyabby This Policy applies to our website, Service, and Products, including www.Heyabby.com (the “Website”), as well as to consumer devices you register with our Service and to the online application(“App”) which provide support for those consumer devices (collectively, our “Service”).
1. Transparent about the types of information we gather and how they are used.2. Obtain your permission before the sharing of your data with third-parties for purposes other than at your request or to provide Heyabby’s services, and to do so only in providing or offering products and services to you.3. Use the best-in-class data security tools to keep your data safe and to protectthe Heyabby data from unauthorized access.Consent to international data transfers. Your personal information may becollected, processed and stored by Heyabby or its service providers in the UnitedStates and other countries where our servers reside. Please be aware that theprivacy protections and legal requirements, including the rights of authorities toaccess your personal information, in some of these countries may not be equivalentto those in your country. If you are using Heyabby Product in the EuropeanEconomic Area or other regions with laws governing data collection and use thatmay differ from United States law, you consent to the transfer of your personaldata to the United States and other countries where Heyabby operates.Applicability of this Policy. This Policy covers our treatment of information that is gathered, including personally identifiable information and non-personally identifiable information. “Personally identifiable information” means information that can be used to identify you as an individual, including, for example, your name, address, email address, billing information, or mobile telephone number. This Policy does not apply to information collected by third party Linked Sites, including third party websites or services or to information collected by third parties. We have no control over and no responsibility or liability for any third-party collection, use, disclosure, or retention of your information and that collection, use, disclosure, and retention is not subject to this Policy. Please review the privacy policies of any Linked Sites you may access.
We collect personal information in order to provide you with a personalized,useful and efficient experience. The categories of information we collect caninclude:
We collect and store personal information includingyour email address, user name and password, shipping address, billing information,and phone number when you register for an Heyabby account, use the HeyabbyServices, shop online, sign up for offers, or communicate with us. If you registeryour device online, through the mail, or via other registration means, we alsocollect information about your Heyabby, such as the device ID, serial number orproduct code.
If you interact with our website orApps through various social media, such as when you Like or Follow us on varioussocial networks, or access our Service through a third-party connection or log in,we may receive information from the social network such as your profileinformation, profile picture, gender, user name, user ID associated with yoursocial media account, age range, country, friends list, and any other informationyou permit the social network to share with third parties. The data we receive isdependent upon your privacy settings with the social network. You should alwaysreview, and if necessary, adjust your privacy settings on third-party websites andservices before linking or connecting them to our website or Service.We use this information to operate, maintain, and provide to you the features and functionality of the Service, to process and ship orders, to provide customer service, and to communicate directly with you, such as to send you information about your orders, product sales, special offers, and new site features. You can control your receipt of email by visiting your Account page on our Web Site or through the App. We may also send you Service-related emails or notifications (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices). You may not be able to opt-out of Service-related e-mails. For more information about your communication preferences, see “Your Choices Regarding Your Information” below.
Some of our Heyabby Products are equipped with smart technology which allows the Heyabby Products to transmit data wirelessly to the Service. For example, the Heyabby Product could collect and transmit information about the Heyabby Product’s function and use statistics, such as battery life and health, number of missions, the device identifier, and location mapping. When you register your Heyabby Product with the online App, the App will collect and maintain information about the Heyabby Product and/or App usage, feature usage, in-App transactions, technical specifications, crashes, and other information about how you use your Heyabby Product and the product App. We also collect information provided during set up.We use this information to collect and analyze statistics and usage data, diagnoseand fix technology problems, enhance device performance, and improve userexperience. We may use this information to provide you personalizedcommunications, including marketing and promotional messages, such as emailsproviding product order information when your device indicates a battery is low.Our Heyabby Products do not transmit this information unless you register yourdevice online and connect to WiFi, Bluetooth, or connect to the internet viaanother method. It is possible to use our smart technology Heyabby Productswithout WiFi or Bluetooth data transmission by disconnecting your WiFi orBluetooth from the device or by never connecting it at all.
We automatically collect certain types of usage information when you visit our website or use the Heyabby Service. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Customers. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. The information generated by the cookies used to analyze your use of our websites (including your IP address) may be transmitted to and stored on servers in the United States.
If you would prefer not to accept cookies, most browsers will allow you to:(i)change your browser settings to notify you when you receive a cookie, which letsyou choose whether or not to accept it; (ii) disable existing cookies; or (iii)set your browser to automatically reject any cookies. You may also set your e-mail options to prevent the automatic downloading of images that may containtechnologies that would allow us to know whether you have accessed our e-mail andperformed certain functions with it.Although we do our best to honor the privacy preferences of our users, we areunable to respond to Do Not Track signals set by your browser at this time.When you access the Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.We use or may use the data collected through cookies, log file, deviceidentifiers, location data and clear gifs information to:(a) remember informationso that you will not have to re-enter it during your visit or the next time youvisit the websites; (b) provide and serve custom, personalized advertising; (c)provide and monitor the effectiveness of the Services; (d) monitor aggregatemetrics such as total number of visitors, traffic, usage, and demographic patternson our website and the Services; (e) diagnose or fix technology problems; and (f)otherwise to plan for and enhance our Service.
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices Regarding Your Information” section below.
* Other companies owned by or under common ownership as Heyabby, which alsoincludes our subsidiaries (i.e., any organization we own or control) or ourultimate holding company (i.e., any organization that owns or controls us) and anysubsidiaries it owns. These companies will use your personal information in thesame way as we can under this Policy;* Third party vendors, affiliates, and other service providers that performservices on our behalf, solely in order to carry out their work for us, which mayinclude identifying and serving targeted advertisements, providing e-commerceservices, content or service fulfillment, billing, web site operation, paymentprocessing and authorization, customer service, or providing analytics services.For additional information on the way in which these organizations treat yourpersonal information, you may contact us as set out below;* With your consent, to third parties who we think may offer you products orservices you may enjoy;* Third parties at your request. For example, you may have the option to Like orFollow us on social media and that action may be posted to your timeline, visibleto your friends or followers or otherwise shared publicly.* Other parties in connection with any company transaction, such as a merger, saleof all or a portion of company assets or shares, reorganization, financing, changeof control or acquisition of all or a portion of our business by another companyor third party or in the event of bankruptcy or related or similar proceedings;* Third parties as required to (i) satisfy any applicable law, regulation,subpoena/court order, legal process or other government request, (ii) enforce ourTerms of Use Agreement, including the investigation of potential violationsthereof, (iii) investigate and defend ourselves against any third party claims orallegations, (iv) protect against harm to the rights, property or safety of Eufy,its users or the public as required or permitted by law and (v) detect, prevent orotherwise address criminal (including fraud or stalking), security or technicalissues.* If we should ever file for bankruptcy or engage in a business transition such asa merger with another company, or if we purchase, sell, or reorganize all or partof our business or assets, we may disclose your information, including personallyidentifiable information, to prospective or actual purchasers in connection withone of these transactions.* We may also share information with others in an aggregated and anonymous formthat does not reasonably identify you directly as an individual.Disclaimer. We cannot ensure that all of your information will never be disclosedin ways not otherwise described in this Policy. For example, a third party mayunlawfully intercept or access transmissions or private communications, or otherusers of the App may abuse or misuse your personally identifiable information. Notransmission of data over the internet can be 100% secure.
Access, correct and update personal information. You can access, correct and update certain personal information that you have provided to us by clicking on “My Account” on our website or App.Marketing communications. You can control your communication preferences through “My Account” page on our Web Site or App. You can also click the “unsubscribe” button on any promotional email communication we send you. Note that you may not be able to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, order confirmations, change or updates to features of the Service, or technical and security notices.Device collection. You can control or stop the collection of usage data from yourregistered Heyabby Product by disconnecting it from WiFi or Bluetooth from withinthe App. Please contact us at https://heyabby.com/pages/contact-us-1 if you havequestions about disconnecting your heyabby Product.Online advertising. We permit third party advertising partners to use cookies and other technology to collect information about your use of our website over time so that they may play or display ads that may be relevant to your interests on the Heyabby Service as well as on other websites or apps. Typically, these advertisements are based on information collected by cookies or similar tracking technologies. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access our Service on your mobile device, you may or may not be able to control tracking technologies through your device settings.You may “opt-out” of the collection of information through some cookies or other tracking technologies by actively managing the settings on your browser or mobile device. Please review the technical information for your browser or mobile device for instructions on how to delete and disable cookies and other tracking/recording tools. In the United States and Canada, you can opt-out of many network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you by visiting aboutads.info/choices and networkadvertising.org/choices (United States) or youradchoices.ca (Canada). Deleting browser cookies can remove your opt-out preferences, so you should use these tools periodically to ensure that your preferences are up-to-date.Data retention: You may contact us at https://heyabby.com/pages/contact-us-1 torequest your personal information be deleted from our systems. We reserve theright to de-identify your personal data, including information about Heyabby andService usage, and to retain your anonymized information for our own records.
Heyabby cares about the security of your information and uses physical,administrative, and technological safeguards to help preserve the integrity andsecurity of all information we collect and that we share with our serviceproviders. However, no security system is impenetrable and we cannot guaranteethe security of our systems 100%. In the event that any information under ourcontrol is compromised as a result of a breach of security, we will takereasonable steps to investigate the situation and where appropriate, notify thoseindividuals whose information may have been compromised and take other steps, inaccordance with any applicable laws and regulations. If you wish to change yourpassword, or if you become aware of any loss, theft or unauthorized use of yourpassword, please contact us at https://www.heyabby.com/contact.Heyabby may process your personal information on servers not in your home country.You consent to the transfer of your personal information to the United States orany other geographic location. If you are accessing the website or Service fromoutside the United States, please be advised that United States law or the laws ofany other jurisdiction where we or our service providers process your personalinformation may not offer the same privacy protections as the law of yourjurisdiction, and in certain circumstances, your personal information may beaccessible to law enforcement and regulatory authorities in accordance with thelaws of these other jurisdictions.
The Services are not directed to persons under 13 years of age and we do notintentionally collect or maintain information from persons under 13 years of age.If you become aware that personal information about a person under 13 years of agehas been provided to us, please immediately contact us using the details below.
The Services may, from time to time, contain links to and from third partywebsites of our partner networks, advertisers, partner merchants, retailers andaffiliates. If you follow a link to any of these websites, please note that thesewebsites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites. Additionally, our websites may include social media features such as Facebook, Twitter and Pinterest buttons (such as “Like,” “Tweet” or “Pin”). These social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button, regardless of whether you click on the button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our Privacy Policy. Please review your privacy settings on social media sites.
We reserve the right to prospectively change this Policy from time to time, in oursole discretion. You should periodically review this Policy for changes and youcan review the most current Policy any time at:https://www.eufylife.com/pages/privacy-policy-Heyabby. Your use of our websites,Service, including www.Heyabby.com, as well as to consumer devices you registerwith our Service and to the online applications after the Effective Date of theupdated version of this Policy will constitute your acceptance of the updatedPolicy.
California Civil Code Section 1798.83 permits California residents to request andobtain from us once a year, free of charge, a list of the third parties to whom wehave disclosed personally identifiable information (as defined under that statute)of that California resident for direct marketing purposes in the precedingcalendar year and the categories of that kind of personally identifiableinformation that was disclosed to them. If you are a California resident and youwish to make such a request, you may do so by contacting us at service@heyabby.com.
If you have questions or comments about this Policy or our privacy practices,please contact us at service@heyabby.com.
This Policy was last revised on, and effective as of, [15/03/2022] .
By using the software (“Product Software”) that is embedded on the Heyabby product (“Product”) or checking a box or clicking a button confirming your agreement to these terms, you agree to the terms of this End User License Agreement (“EULA”) between you and Heyabby (“Heyabby” “we” or “us”).Heyabby is a product line that features smart home products, such as robotic vacuum cleaning machines and light bulbs. Heyabby products belongs to CL Design Studio LLC at 3035 Cadillac Ave M204, Costa Mesa, CA 92626. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING THE RETAILER AT WHICH YOU PURCHASED THE PRODUCT OR CL Design Studio LLC AT THE ADDRESS BELOW. Your use of (a) the website located at www.Heyabby.com , (b) services through the Site (and any updates thereto) (“Site Services”) is governed by the Terms of Service. Your purchase of the Product (excluding the Product Software) is governed by the Heyabby limited warranty, the terms of which are provided with the Product. This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software).This EULA governs your access and use of the Product Software. This EULA gives youspecific legal rights, and you may also have other legal rights in addition, whichvary from jurisdiction to jurisdiction. The disclaimers, exclusions, andlimitations of liability under this EULA will not apply to the extent prohibitedby applicable law. Some jurisdictions do not allow the exclusion of impliedwarranties or the exclusion or limitation of incidental or consequential damagesor other rights, so those provisions of this EULA may not apply to you.THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU AREACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOUREPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVETHE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OFYOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENTLEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWAREAND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OFTHESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.AS DESCRIBED BELOW, YOU MAY CONNECT YOUR PRODUCT TO THE SITE SERVICES AND ENABLEYOUR PRODUCT TO CONNECT TO THE INTERNET OR MOBILE DEVICE VIA A WIFI OR BLUETOOTHCONNECTION. BY CONNECTING YOUR PRODUCT TO THE SITE SERVICES AND CONNECTING YOURPRODUCT TO THE INTERNET OR MOBILE DEVICE, YOU WILL RECEIVE AUTOMATIC OR MANUALUPDATES TO THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE TO UPDATES TO THE PRODUCTSOFTWARE, YOU SHOULD NOT CONNECT YOUR PRODUCT TO THE SITE SERVICES AND THEINTERNET.AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCTSOFTWARE AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY ANDCRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGINGTHEM AND ACCEPTING THEM.
Subject to the terms of this EULA, Heyabby grants to you a limited andnonexclusive license (without the right to sublicense) to execute one (1) copy ofthe Product Software, in executable object code form only, solely on the Productthat you own or control and solely for use in conjunction with the Product foryour personal, non-commercial purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent,lease, assign, distribute, transmit, host, outsource, disclose or otherwisecommercially exploit the Product Software or make the Product Software availableto any third party, (b) copy or use the Product Software for any purpose otherthan as permitted in Section 1, (c) use any portion of the Product Software on anydevice or computer other than the Product that you own or control, (d) remove oralter any trademark, logo, copyright or other proprietary notices, legends,symbols or labels in the Product Software, (e) modify, make derivative works of,disassemble, reverse compile or reverse engineer any part of the Product Software(except to the extent applicable laws specifically prohibit such restriction forinteroperability purposes, in which case you agree to first contact Heyabby andprovide Heyabby an opportunity to create such changes as are needed forinteroperability purposes).
The Product Software may cause the Product to automatically communicate with the Heyabby’s servers to deliver the functionality described in the Product Guide, to record usage metrics and to collect personal information as described in the Heyabby’s Privacy Policy. Heyabby may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the Product Software and related services (“Updates”). These Updates may affect or erase data on your Product or change or reset settings on your Product. These Updates may be automatically installed without providing any additional notice or receiving any additional consent if you have connected your Product to the Internet. You consent to these automatic Updates. If you do not want these Updates, do not connect your Product to the Internet or to your Mobile Device. You acknowledge that you may be required to install Updates in order for the Product and Product Software to operate properly and to access all updated features of the Product Software. In certain circumstances you may be entitled to request removal or disabling of Updates (see contact information below); however, Heyabby is not responsible for providing support to Products that do not contain updated Product Software. If we provide further notice or request further consent to an Update, the notice or consent may be received or provided by any permitted user of the Product or the Site Services. The user receiving the notice or providing consent is responsible for notifying all other users. Your continued use of the Product is your agreement to this EULA.
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Heyabby and its licensors. Heyabby and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to Heyabby with respect to the Product Software shall be Heyabby’s property. Heyabby may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agreethat Heyabby does not waive any rights to use similar or related ideas previouslyknown to Heyabby, developed by its employees, or obtained from other sources.
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Heyabby makes such Open Source Software, and Heyabby’s modifications to that Open Source Software, available by written request to Heyabby at the email or mailing address listed below.
This EULA and the license granted hereunder are effective on the date you firstuse the Product Software or Product and shall continue for as long as you own theProduct, unless this EULA is terminated under this section. Heyabby may terminatethis EULA at any time if you fail to comply with any term(s) hereof. You mayterminate this EULA effective immediately upon written notice to Heyabby . Upontermination of this EULA, the license granted hereunder will terminate and youmust stop all use of the Product Software, but the terms of Sections 2 through 18(inclusive) will remain in effect, after any such termination.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADECONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOWEXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Heyabby PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INTERFERENCE, SECURITY, AND NON-INFRINGEMENT OF THIRD- PARTY RIGHTS. Heyabby DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. Heyabby MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR- FREE.YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THEPRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (ANDHeyabby DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVACSYSTEM, PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT,COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROMYOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEBELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVEADDITIONAL RIGHTS. Nothing in this EULA and in particular within this "Limitationof Liability" clause shall attempt to exclude liability that cannot be excludedunder applicable law.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) Heyabby, ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE “Heyabby PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF Heyabby KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Heyabby’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO Heyabby OR Heyabby’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. Heyabby DISCLAIMS ALL LIABILITY OF ANY KIND OF Heyabby ’S LICENSORS AND SUPPLIERS.
The Product Software provides you information (“Product Information”) regarding the Products in your home. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
“Confidential Information” shall mean the Product Software and all other information disclosed to you that Heyabby characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Heyabby. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Heyabby in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with Heyabby in every reasonable way to regainpossession of Confidential Information and prevent any further unauthorized use.If you are legally compelled to disclose any of the Confidential Information,then, prior to such disclosure, you will (i) immediately notify Heyabby prior tosuch disclosure to allow Heyabby an opportunity to contest the disclosure, (ii)assert the privileged and confidential nature of the Confidential Information, and(iii) cooperate fully with Heyabby in protecting against any such disclosureand/or obtaining a protective order narrowing the scope of such disclosure and/oruse of the Confidential Information. In the event such protection is not obtained,you shall disclose the Confidential Information only to the extent necessary tocomply with the applicable legal requirements. You acknowledge that the ProductSoftware contains valuable trade secrets and proprietary information of Heyabby,that any actual or threatened breach of this Section 10 or Section 2(Restrictions) of this EULA will constitute immediate, irreparable harm to Heyabbyfor which monetary damages would be an inadequate remedy, and that injunctiverelief is an appropriate remedy for such breach.
The Product Software and related technology are subject to U.S. export controllaws and may be subject to export or import regulations in other countries. Youagree to strictly comply with all such laws and regulations and acknowledge thatyou have the responsibility to obtain authorization to export, re-export, orimport the Product Software and related technology, as may be required. You willindemnify and hold Heyabby Parties harmless from any and all claims, losses,liabilities, damages, fines, penalties, costs and expenses (including legal feesand expenses) arising from or relating to any breach by you of your obligationsunder this section.
The courts in some jurisdictions will not apply Illinois law to some types of disputes. If you reside in one of those jurisdictions, then where Illinois law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of Illinois, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Cook County, Illinois and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Heyabby may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
Neither the rights nor the obligations arising under this EULA are assignable byyou, and any such attempted assignment shall be void and without effect.
Any notice to you may be provided by email to the address that you registered withHeyabby.
If any provision of this EULA is unenforceable, such provision will be changed andinterpreted to accomplish the objectives of such provision to the greatest extentpossible under applicable law and the remaining provisions will continue in fullforce and effect.
All waivers by Heyabby will be effective only if in writing. Any waiver or failureby Heyabby to enforce any provision of this EULA on one occasion will not bedeemed a waiver of any other provision or of such provision on any other occasion.
The Product Software is deemed irrevocably accepted upon your use of the ProductSoftware or Product. Heyabby will have no responsibility to provide maintenance orsupport services with respect to the Product Software.
You acknowledge that the Product Software contains valuable trade secrets andproprietary information of Heyabby, that any actual or threatened breach ofSection 2 (Restrictions) of this EULA will constitute immediate, irreparable harmto Heyabby for which monetary damages would be an inadequate remedy, and thatinjunctive relief is an appropriate remedy for such breach.The headings of Sections of this EULA are for convenience and are not to be usedin interpreting this EULA.Except as otherwise provided in this section, no amendment to this EULA will bevalid unless it is in writing hand-signed by the parties.Questions or Additional Information. If you have questions regarding this EULA,please contact Heyabby at service@heyabby.com.
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