Terms of Service

1. HeyOpen Service Overview

1.1 Description of Services

HeyOpen provides a unified artificial intelligence platform designed to enable users to access and interact with multiple AI models and related technologies through a single interface.

Depending on availability, subscription status, technical configuration, and applicable provider arrangements, the Services may include conversational AI, text and media generation, intelligent model routing, model switching, Universal Memory, Consensus Mode, developer APIs, connected applications, AI agents, and payment-enabled functionality.

Certain features may allow users to generate text, code, images, audio, video, and other forms of digital content.

1.2 Third-Party Infrastructure

Some AI models, software components, and infrastructure accessible through HeyOpen are developed, owned, hosted, or operated by independent third parties.

HeyOpen does not represent that it owns, operates, or controls every AI model or underlying service accessible through the platform.

1.3 Service Availability and Modifications

We reserve the right to introduce, modify, restrict, replace, suspend, or discontinue any part of the Services, including individual models, features, and technical configurations, where reasonably necessary for operational, commercial, security, contractual, or legal reasons.

We do not guarantee the continued availability of any particular model, feature, functionality, or service configuration.

Where material changes affect paid functionality, we will provide notice and any remedies required by applicable law.

2. Artificial Intelligence Disclaimer

2.1 Inputs and Outputs

Certain features of the Services allow users to submit prompts, messages, instructions, files, documents, images, recordings, or other information (“Inputs”) and receive AI-generated responses or materials (“Outputs”).

Outputs may include text, images, code, analyses, recommendations, summaries, audio, video, and other generated content.

Outputs are produced through automated artificial intelligence systems, including models operated by third-party providers.

2.2 Accuracy of Outputs

Artificial intelligence systems may produce Outputs that contain factual errors, omissions, outdated information, misleading statements, biases, or content that does not accurately reflect real events, individuals, circumstances, or facts.

HeyOpen does not independently verify every Output and makes no representation or warranty that Outputs are accurate, complete, reliable, original, lawful, or suitable for any particular purpose.

2.3 Responsibility for AI-Generated Content

You acknowledge and agree that Outputs should be independently reviewed and evaluated before being relied upon, published, distributed, or used to make decisions.

You are responsible for determining whether Outputs are appropriate for your intended use and for your own decisions and actions based on them.

HeyOpen shall not be responsible for losses arising solely from your reliance on inaccurate or unsuitable Outputs to the extent permitted by applicable law.

2.4 Similarity of Outputs

Due to the probabilistic nature of generative AI, different users may receive identical or substantially similar Outputs.

HeyOpen does not guarantee that Outputs are unique, exclusive, original, or eligible for intellectual property protection.

3. No Professional Advice

The Services, including any AI-generated Outputs, are provided for general informational, research, productivity, creative, and technological purposes.

HeyOpen does not provide medical, legal, financial, investment, tax, accounting, psychological, or other regulated professional advice.

Outputs should not be considered a substitute for advice, diagnosis, evaluation, or services provided by a qualified professional.

You are responsible for obtaining appropriate professional advice before making decisions that may materially affect your health, safety, finances, legal rights, or other consequential interests.

HeyOpen does not provide emergency services. You must not rely on the Services to contact emergency responders or to provide urgent medical, legal, or safety assistance.

Nothing in this section excludes liability that cannot lawfully be excluded.

4. Eligibility

4.1 Minimum Age

You must be at least thirteen (13) years old to access or use the Services.

If you are under eighteen (18) years of age, you must have the consent of a parent or legal guardian to use the Services.

By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) if you are under 18 years old, you have obtained the consent of your parent or legal guardian; (c) you have not previously been suspended or removed from the Services; and (d) your registration and use of the Services comply with all applicable laws and regulations.

4.2 Mature Content Restrictions

Certain AI models available through HeyOpen may generate mature content or operate with reduced content restrictions.

Users under eighteen (18) years of age must not disable, circumvent, interfere with, or otherwise bypass any mature-content filters, age restrictions, or other protective mechanisms implemented by HeyOpen.

Certain models, content categories, or features may be limited to users aged 18 or older, or a higher age where legally required.

4.3 Additional Eligibility Requirements

We may implement age verification, identity verification, geographic restrictions, or other eligibility controls where reasonably necessary to comply with applicable laws, contractual obligations, or provider requirements.

You may not use the Services where such use is prohibited by applicable sanctions, export controls, or other legal restrictions.

4.4 Organizational Use

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

5. Accounts and Registration

5.1 Account Creation

Certain features of the Services may require you to register for an account or authenticate through an approved login method.

You agree to provide accurate, complete, and current information when requested and to keep such information reasonably up to date.

5.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials, passwords, authentication methods, and API keys.

You agree to take reasonable precautions to prevent unauthorized access to your account.

You are responsible for activities performed through your account to the extent attributable to your actions, omissions, authorized users, or failure to maintain reasonable account security.

5.3 Unauthorized Access

If you suspect that your account or credentials have been compromised, you must promptly notify us at support@heyopen.ai.

HeyOpen may implement additional verification requirements, temporarily restrict account access, or revoke compromised credentials where reasonably necessary to protect the Services.

5.4 Account Restrictions

We reserve the right to restrict, suspend, or terminate accounts that materially violate these Terms, create significant security risks, or engage in fraudulent or unlawful conduct, subject to applicable law.

6. Third-Party AI Models and Services

6.1 Independent Model Providers

HeyOpen may provide access to AI models developed or operated by independent third-party providers.

Such providers may impose their own terms of service, acceptable-use policies, licensing conditions, geographic restrictions, technical limitations, or other requirements.

6.2 Compliance with Provider Terms

Where applicable third-party provider terms are properly disclosed and legally enforceable against users, you agree to comply with them when accessing the relevant models.

6.3 Model Availability

HeyOpen does not guarantee the continued availability, accuracy, performance, or suitability of any particular third-party model.

We may restrict, replace, remove, or discontinue access to individual models in response to provider requirements, technical circumstances, legal obligations, or legitimate operational considerations.

6.4 Third-Party Processing

Depending on the model selected and the applicable technical configuration, Inputs and relevant contextual information may be transmitted to third-party providers for processing.

Such processing is subject to the applicable technical architecture, contractual arrangements, and disclosures contained in our Privacy Policy.

6.5 Third-Party Responsibility

HeyOpen does not independently guarantee the security, functionality, performance, or availability of services operated by independent third parties.

This provision does not exclude responsibilities imposed on HeyOpen by applicable law.

7. User Content and Ownership

7.1 User Content

For the purposes of these Terms, “User Content” includes Inputs and Outputs submitted, generated, transmitted, stored, or otherwise processed through the Services.

7.2 Ownership of Inputs

You retain any copyright and other proprietary rights you lawfully hold in your Inputs.

Submitting content to HeyOpen does not transfer ownership of your Inputs to the Company.

7.3 Rights in Outputs

As between you and HeyOpen, and to the extent permitted by applicable law and relevant third-party arrangements, HeyOpen does not claim ownership of Outputs solely because they were generated through the Services.

However, HeyOpen does not guarantee that Outputs qualify for copyright or other intellectual property protection.

7.4 Limited License to Process Content

By submitting User Content through the Services, you grant HeyOpen a limited, non-exclusive, worldwide license to process, transmit, reproduce, format, and temporarily store such content to the extent reasonably necessary to provide the Services, perform functionality you authorize, maintain service security, comply with applicable legal obligations, and conduct processing described in the Privacy Policy.

This license does not independently authorize HeyOpen to sell User Content, publicly disclose private conversations, or use User Content to train AI models.

Any separate permission to use User Content for model training must be specifically disclosed and supported by an appropriate lawful basis or authorization.

7.5 Content Rights and Permissions

You represent and warrant that you own or possess all rights, licenses, consents, and permissions necessary to submit your Inputs and authorize their processing.

You must not submit content that unlawfully infringes intellectual property rights, violates confidentiality obligations, breaches privacy rights, or otherwise violates applicable law.

7.6 Output Responsibility

You are responsible for evaluating whether your intended use of Outputs infringes third-party rights or violates applicable laws.

HeyOpen does not guarantee that Outputs are free from potential intellectual property, privacy, publicity, or other legal claims.

8. Privacy and Data Processing

8.1 Privacy Policy

HeyOpen is designed to provide privacy-focused AI functionality.

Our practices concerning the collection, processing, transmission, storage, retention, and deletion of personal information are described in our Privacy Policy, available through https://heyopen.ai.

8.2 Privacy Technologies

Depending on the applicable feature and configuration, HeyOpen may provide technical or contractual privacy safeguards, including client-side encryption, end-to-end encryption, Trusted Execution Environments, minimized data retention, and other privacy-enhancing technologies.

The availability and operation of these safeguards may differ according to the selected model, processing route, provider, and feature.

8.3 Privacy Limitations

Not every model or third-party provider necessarily offers identical privacy, security, encryption, retention, or training protections.

Any representation regarding zero data retention, encrypted processing, or non-use of content for training applies only to the specific services and configurations for which that representation is expressly supported and disclosed.

8.4 Third-Party Processing

Where processing requires external AI providers, the information necessary to execute a request may be transmitted to those providers in accordance with the relevant technical configuration and applicable disclosures.

8.5 Security

We may implement reasonable technical and organizational measures intended to protect the Services and user information.

However, no internet-based service, software system, encryption implementation, or infrastructure can be guaranteed to be entirely secure.

8.6 Business Data Processing

Where applicable, eligible business customers may enter into a separate Data Processing Addendum governing the processing of personal data.

The relevant Data Processing Addendum is available through https://heyopen.ai/legal/dpa.

9. Universal Memory

9.1 Memory Functionality

HeyOpen may offer Universal Memory, a feature designed to maintain selected contextual information across supported AI interactions and models.

Universal Memory may enable supported models to use relevant previously retained information when processing subsequent requests.

9.2 Memory Storage and Processing

The functionality, storage arrangements, encryption protections, and retrieval mechanisms associated with Universal Memory depend on the applicable implementation.

9.3 User Controls

Where supported, users may manage, disable, edit, or delete retained information using available controls.

You are responsible for reviewing the information you choose to retain and determining whether it is appropriate for subsequent AI interactions.

9.4 Third-Party Model Access

When Universal Memory is enabled, relevant retained information may be included in requests transmitted to selected AI model providers.

Disabling or deleting Memory does not necessarily reverse processing already completed by third parties.

9.5 Limitations

HeyOpen does not guarantee that every AI model will access, interpret, or incorporate retained context identically.

Additional details regarding Memory storage, retention, and deletion are provided in the Privacy Policy.

10. Consensus Mode

10.1 Functionality

Consensus Mode enables supported AI models to process the same request and generate individual or consolidated responses.

Depending on the selected configuration, Consensus Mode may use an additional evaluating or judging model to compare, assess, or synthesize participating model responses.

10.2 Model Independence

Participating models may interpret Inputs differently and produce conflicting or inconsistent Outputs.

A consolidated response or evaluation does not guarantee factual accuracy, correctness, or agreement among the participating models.

10.3 Usage Charges

Consensus Mode may generate multiple chargeable requests.

Charges may vary depending on the number of participating models, their respective pricing, token consumption, evaluation-model usage, and additional processing requirements.

10.4 Usage Estimates

Displayed usage estimates may differ from final charges because of tokenization differences, model-specific processing, provider reporting, and request configuration.

Users are responsible for reviewing applicable pricing and usage information before initiating paid requests.

11. Payment and Subscription Terms

11.1 Paid Services

Certain features of HeyOpen may require payment, a subscription, usage credits, or other authorized charges.

Available offerings may include free plans, PRO subscriptions, API-based services, additional usage credits, and other paid functionality.

Pricing, included allowances, billing intervals, and plan benefits are displayed through the applicable pricing page on https://heyopen.ai and during checkout.

11.2 Payment Authorization

By purchasing a paid service, you authorize HeyOpen and its authorized payment processors to charge the applicable fees, taxes, and other disclosed amounts using your selected payment method.

You represent that you are authorized to use the payment method provided.

11.3 Subscription Renewal

Unless otherwise stated during checkout, recurring subscriptions automatically renew for successive billing periods of the applicable duration until canceled.

You authorize recurring charges until the subscription is canceled or otherwise terminated.

You must cancel before the applicable renewal date to avoid charges for the next billing period, subject to applicable consumer-protection laws.

11.4 Subscription Cancellation

You may cancel an active subscription through the subscription-management controls available in your HeyOpen account or by contacting support@heyopen.ai.

Unless otherwise disclosed or required by law, cancellation takes effect at the end of the current paid billing period.

You may continue to access eligible paid features until the end of that period, subject to these Terms.

11.5 Cryptocurrency Payments

Where supported, subscriptions purchased using cryptocurrency may require manual renewal rather than automatic recurring billing.

Any such arrangement will be disclosed during checkout.

Cryptocurrency payments may be irreversible once confirmed on the applicable blockchain.

Refunds, where required by law or otherwise authorized, will be handled according to the applicable refund terms.

11.6 Pricing Changes

HeyOpen reserves the right to change subscription prices, plan benefits, usage allowances, and billing structures.

Material changes affecting an existing paid subscription will be communicated at least 30 days in advance, except where a different period is required or permitted by applicable law.

11.7 Failed Payments

If payment is declined, unsuccessful, reversed, or remains outstanding, HeyOpen may restrict access to paid functionality, suspend the applicable subscription, or terminate paid services after any notice or grace period required by law.

11.8 Refunds

Except where expressly provided under the applicable refund policy or required by law, payments are non-refundable after the relevant service has been provided.

Nothing in these Terms excludes statutory refund, cancellation, withdrawal, or other mandatory consumer rights.

The applicable refund terms are available at https://heyopen.ai/legal/refunds.

11.9 Promotions

Free trials, promotional subscriptions, discounts, or other special offers may be subject to additional eligibility conditions and terms disclosed when offered.

We may modify or discontinue promotions subject to applicable law and commitments already made to eligible users.

12. Usage Credits and Billing

12.1 Credits

HeyOpen may offer usage credits that can be consumed when accessing eligible AI models, media generation services, APIs, Consensus Mode, agents, and other usage-based features.

Credits may be included in paid subscriptions, purchased separately, or issued through promotional arrangements.

12.2 Credit Consumption

Credit usage may vary according to model selection, input and output tokens, request complexity, media generation, Consensus Mode participation, API activity, agent execution, and other processing requirements.

Different models and features may consume credits at different rates.

12.3 Usage Measurement

Usage may be calculated using records from internal metering systems, third-party model providers, processing infrastructure, or other applicable service components.

Usage measurements may be reconciled where provider reporting is delayed or subsequently adjusted.

The applicable rounding method is rounding up to the nearest whole credit.

12.4 Failed and Interrupted Requests

Requests that fail, are interrupted, retried, or partially completed may receive different billing treatment depending on the processing performed and applicable provider charges.

The applicable policy is that a request returning no Output is not charged, and a request interrupted after partial generation is charged only for the processing completed.

12.5 Credit Expiration

Subscription credits are subject to expiry at the end of the billing period in which they were issued.

Purchased credits are subject to expiry twelve (12) months after purchase.

Promotional credits may have separate validity periods and restrictions disclosed when issued.

12.6 Credit Restrictions

Unless expressly stated otherwise, usage credits are non-transferable, have no cash redemption value, do not constitute legal tender, and do not represent ownership of cryptocurrency or other digital assets.

Credits may not be sold, traded, or transferred outside functionality expressly authorized by HeyOpen.

12.7 Insufficient Credits and Overages

Where supported and authorized, usage beyond included allowances may result in additional charges.

The treatment of negative balances, delayed provider reporting, and outstanding consumption is governed by settlement of any negative balance against the next payment, with further chargeable usage restricted until it is cleared.

HeyOpen may restrict additional chargeable usage where available credits are insufficient or applicable spending limits have been reached.

12.8 Billing Disputes

Users may report suspected billing errors or discrepancies to support@heyopen.ai.

Billing disputes will be reviewed in accordance with applicable law and the relevant billing policy.

13. Developer APIs

13.1 API Access

HeyOpen may provide APIs allowing developers, businesses, and other authorized users to integrate supported AI models and functionality into their applications, products, or services.

API access may require separate credentials, authentication, billing arrangements, and acceptance of applicable technical documentation.

13.2 Developer Responsibility

You are responsible for applications and systems you develop or operate using HeyOpen APIs.

You must ensure compliance with these Terms, applicable laws, relevant provider restrictions, and published API requirements.

13.3 API Credentials

You must maintain the confidentiality and security of your API keys and other access credentials.

You must not intentionally expose private credentials to unauthorized parties or embed them in publicly accessible applications without appropriate safeguards.

13.4 Usage Restrictions

HeyOpen may impose rate limits, concurrency restrictions, usage quotas, model-specific limits, geographic restrictions, and other technical controls.

You must not circumvent or intentionally abuse these restrictions.

13.5 End-User Compliance

If you make products or services available to third parties using HeyOpen APIs, you are responsible for implementing appropriate end-user terms, disclosures, and safeguards.

You must not make representations or warranties regarding HeyOpen that exceed obligations expressly agreed to by HeyOpen.

13.6 Credential Suspension

HeyOpen may suspend, revoke, or rotate API credentials where reasonably necessary to address suspected abuse, security risks, material violations, or applicable legal obligations.

13.7 Service Levels

Unless expressly agreed otherwise in a separate written agreement, HeyOpen does not guarantee specific uptime, throughput, latency, or service availability.

Any separately agreed service-level commitments shall be governed by the applicable Service Level Agreement.

14. Less-Restricted AI Models

14.1 Model Characteristics

Certain models accessible through HeyOpen may be described as uncensored, less restricted, or operating with reduced content filtering.

These descriptions relate to the technical characteristics or behavior of the relevant models.

14.2 Legal Compliance

Access to a less-restricted model does not authorize unlawful conduct, infringement of third-party rights, or activities prohibited under these Terms.

You remain responsible for the content you generate, publish, distribute, or otherwise use.

14.3 Provider Restrictions

Certain models may remain subject to third-party provider policies, technical limitations, and usage restrictions.

HeyOpen may restrict access to individual models where required by applicable law, provider arrangements, age requirements, or legitimate security considerations.

14.4 No Guarantee of Unrestricted Outputs

HeyOpen does not guarantee that every prompt will be processed, that every requested Output will be generated, or that all models will operate without restrictions.

15. AI Agents and Connected Services

15.1 Agent Functionality

HeyOpen may allow users to access or operate AI agents capable of interacting with supported applications, APIs, accounts, tools, and external systems.

Agents may retrieve information, analyze data, create or modify content, initiate workflows, send communications, or perform other authorized operations.

15.2 Authorization

You are responsible for reviewing and managing the permissions granted to agents and connected services.

These permissions may include access scopes, transaction authority, spending limits, and confirmation requirements.

15.3 Agent Actions

Authorized agent actions may produce consequences outside the HeyOpen platform, including transactions, communications, changes to external accounts, or other operations that cannot necessarily be reversed.

15.4 Operational Risks

AI agents may misunderstand instructions, generate inaccurate information, fail to complete tasks, or execute unintended actions within their authorized permissions.

You are responsible for reviewing available settings and exercising appropriate care before authorizing agent activity.

15.5 Third-Party Integrations

External applications and services may operate under their own terms, policies, security arrangements, and technical limitations.

HeyOpen does not control every third-party system accessed through an authorized integration.

15.6 Permission Revocation

Where supported, users may revoke agent permissions through HeyOpen settings or the relevant external service.

Revocation does not reverse transactions, communications, or other actions already completed.

15.7 Unauthorized Actions

You must not use agents, APIs, or integrations to access systems without permission, exceed lawfully granted authority, or circumvent security restrictions.

16. x402 and Blockchain Functionality

16.1 Blockchain-Enabled Features

HeyOpen may support x402-based payments, blockchain transactions, wallet interactions, and related functionality.

16.2 Transaction Processing

Blockchain-enabled operations may involve wallet addresses, cryptographic signatures, transaction fees, public records, smart contracts, decentralized networks, and third-party infrastructure.

16.3 Transaction Risks

Blockchain transactions may be irreversible once confirmed.

Users acknowledge risks including transaction failures, network congestion, wallet compromise, smart-contract vulnerabilities, software errors, and other technical or financial risks.

16.4 User Responsibility

You are responsible for reviewing transaction details, payment amounts, destination addresses, network fees, and permissions before authorizing transactions.

16.5 Non-Custodial Functionality

Unless expressly stated in separate applicable custody terms, HeyOpen does not assume custody or control of users’ digital assets.

16.6 Third-Party Infrastructure

Blockchain networks, wallet providers, payment processors, and external smart contracts may operate independently of HeyOpen.

HeyOpen does not guarantee their availability, security, performance, or transaction processing.

16.7 Financial Disclaimer

Nothing in the Services constitutes investment advice, a recommendation to purchase or sell digital assets, or a guarantee of financial returns.

Any functionality involving OPEN or other digital assets may be subject to additional product-specific terms and applicable laws.

17. Intellectual Property Rights

17.1 Platform Ownership

HeyOpen, its software, interfaces, designs, documentation, trademarks, branding, proprietary technology, and other platform materials are owned by Hey Open or its licensors.

17.2 Limited License

Subject to your continued compliance with these Terms, HeyOpen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.

17.3 Restrictions

Except where permitted by applicable law or expressly authorized in writing, you must not reproduce, modify, reverse engineer, distribute, commercially exploit, or create unauthorized derivative works of HeyOpen’s proprietary materials.

17.4 Third-Party Rights

Third-party model names, trademarks, software, and related intellectual property remain the property of their respective owners.

References to third-party services do not imply endorsement or affiliation unless expressly stated.

18. Prohibited Conduct

By using the Services, you agree not to:

1. Use the Services for unlawful purposes or in violation of applicable laws or regulations.
2. Generate, distribute, facilitate, or promote child sexual abuse material or unlawful exploitation of minors.
3. Create or distribute unlawful non-consensual intimate imagery or otherwise violate another person’s privacy or legally protected rights.
4. Engage in fraud, identity theft, impersonation, financial crime, or unauthorized transactions.
5. Access or attempt to access systems, accounts, networks, devices, or information without lawful authorization.
6. Develop, distribute, or deploy malware, ransomware, spyware, or other malicious software intended to compromise systems without authorization.
7. Interfere with the operation, security, availability, or integrity of the Services.
8. Circumvent authentication mechanisms, payment controls, subscription restrictions, rate limits, quotas, or other technical safeguards.
9. Infringe intellectual property, privacy, publicity, confidentiality, or other legally protected rights.
10. Use the Services to facilitate unlawful threats, harassment, terrorism, or serious criminal harm.
11. Submit protected personal or confidential information without the necessary authorization or lawful basis.
12. Use agents, APIs, or integrations to perform actions beyond lawfully granted permissions.
13. Resell or redistribute access to the Services in violation of applicable licensing terms or commercial agreements.
14. Use the Services or APIs in safety-critical applications where an error or failure could reasonably result in death, serious bodily injury, or substantial physical, financial, or safety harm, unless separately authorized under an appropriate written agreement.
15. Assist another person in engaging in conduct prohibited by these Terms.

These restrictions apply to all available AI models, including those described as uncensored or less restricted.

19. Monitoring and Enforcement

19.1 Enforcement Rights

HeyOpen may investigate suspected violations of these Terms and take reasonable action to protect the Services, users, providers, and third parties.

19.2 Available Measures

Depending on the circumstances, enforcement measures may include warnings, feature restrictions, rate limits, temporary suspension, API credential revocation, account termination, or other proportionate measures permitted by law.

19.3 Privacy During Investigations

Investigations may rely on technical information, account activity, security records, user reports, and other information lawfully available to HeyOpen.

Any monitoring or processing of information will be subject to the Privacy Policy and applicable legal requirements.

Nothing in these Terms authorizes unrestricted access to encrypted content or overrides applicable technical privacy protections.

19.4 Reporting Violations

Suspected violations, security incidents, or account-related concerns may be reported to support@heyopen.ai.

19.5 Appeals

Where an account or feature has been restricted, eligible users may request a review by contacting support@heyopen.ai.

We may request information reasonably necessary to investigate the matter and verify the identity of the requesting party.

Appeals will be reviewed within 30 days or the period required by applicable law.

19.6 Legal Requests

HeyOpen may disclose information to competent authorities where required or permitted by law, subject to applicable privacy and data-protection obligations.

20. Termination and Service Modifications

20.1 Term

These Terms remain effective for as long as you access or use the Services, unless terminated according to their provisions.

20.2 Termination by Users

You may discontinue use of the Services at any time.

You may request account closure through the account controls made available by HeyOpen or by contacting support@heyopen.ai, subject to applicable verification and account closure procedures.

20.3 Termination by HeyOpen

We may suspend or terminate access where you materially breach these Terms, engage in fraudulent or unlawful conduct, create significant security risks, or where continued access would violate applicable law or provider obligations.

We may also discontinue portions of the Services for legitimate operational or commercial reasons, subject to applicable notice and consumer-rights requirements.

20.4 Effect of Termination

Upon termination, your authorization to access the affected Services may cease.

Subscriptions, API credentials, agent permissions, and connected integrations may be disabled or revoked.

You remain responsible for lawful charges incurred before termination.

20.5 User Data

The processing, retention, and deletion of personal information following account closure are governed by the Privacy Policy and applicable law.

You are responsible for preserving copies of content you wish to retain, where export functionality is available.

20.6 Remaining Credits

Unused credits, prepaid balances, and promotional benefits will be treated in accordance with forfeiture of promotional credits and refund of unused purchased credits where required by law, applicable purchase terms, and mandatory consumer-protection laws.

20.7 Survival

Provisions concerning ownership, intellectual property, accrued payment obligations, disclaimers, indemnification, limitations of liability, dispute resolution, and other provisions intended by their nature to survive termination shall remain effective to the extent legally enforceable.

21. Indemnification

To the extent permitted by applicable law, users accessing the Services for business or commercial purposes agree to defend, indemnify, and hold harmless HeyOpen, its affiliates, directors, officers, employees, contractors, and authorized representatives from third-party claims, damages, liabilities, losses, and reasonable expenses, including legal fees, arising from:

1. Unlawful or unauthorized use of the Services.
2. Material violation of these Terms.
3. Infringement of third-party intellectual property, privacy, confidentiality, or other legally protected rights.
4. Unauthorized actions performed through applications, integrations, or agents under the user’s control.
5. Claims arising from the user’s products, services, or end-user activities where the user is legally responsible.

This obligation does not extend to losses caused by HeyOpen’s own unlawful conduct or apply to consumers where prohibited by law.

HeyOpen may assume control of the defense of a claim subject to indemnification, where legally permitted and at its own expense, and the indemnifying party agrees to provide reasonable cooperation.

22. Disclaimers and No Warranties

22.1 Services Provided As Is

To the fullest extent permitted by applicable law, the Services and all related functionality are provided on an “as is” and “as available” basis.

HeyOpen disclaims warranties that may lawfully be excluded, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

22.2 No Guarantee of Performance

HeyOpen does not guarantee that the Services will be uninterrupted, error-free, completely secure, or free from defects, delays, inaccuracies, or technical failures.

22.3 AI Output Disclaimer

HeyOpen does not warrant that Outputs will be accurate, complete, original, reliable, legally compliant, or suitable for a particular purpose.

22.4 Third-Party Services

We do not independently warrant the availability, performance, or security of independent third-party models, infrastructure, integrations, or blockchain networks.

22.5 Mandatory Rights

Nothing in these Terms excludes warranties, statutory remedies, consumer rights, or other protections that cannot lawfully be excluded.

23. Limitation of Liability

23.1 Exclusion of Certain Damages

To the fullest extent permitted by applicable law, HeyOpen, Hey Open, its affiliates, directors, officers, employees, contractors, and agents shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to access to or use of the Services.

Such damages may include loss of profits, revenue, business opportunities, goodwill, data, or other intangible losses.

23.2 Aggregate Liability

To the fullest extent permitted by applicable law, the aggregate liability of HeyOpen and its related entities for claims arising out of or relating to the Services or these Terms shall not exceed the greater of:

1. The total amount paid by the claimant to HeyOpen for the Services during the twelve (12) months preceding the event giving rise to the claim; or
2. USD 100.

23.3 Third-Party and AI-Related Losses

Subject to applicable law, HeyOpen shall not be responsible for losses arising solely from independent third-party provider actions, inaccurate AI-generated Outputs, or authorized operations performed by external systems beyond HeyOpen’s reasonable control.

This provision does not exclude liability attributable to HeyOpen’s own legally actionable conduct.

23.4 Exceptions

Nothing in these Terms limits or excludes liability for fraud, willful misconduct, or any other matter for which liability cannot lawfully be restricted.

23.5 Allocation of Risk

The parties acknowledge that the limitations and exclusions in this section form an essential element of the allocation of risk associated with providing and using the Services.

24. Changes to These Terms

HeyOpen may update these Terms from time to time to reflect changes in the Services, technologies, business operations, third-party arrangements, laws, or regulatory requirements.

The revised Terms will be published through https://heyopen.ai with an updated effective date.

Where required by law, material changes will be communicated through an appropriate notice method before taking effect.

We may require users to acknowledge or accept updated Terms before continuing to access certain Services.

If you do not agree to revised Terms, you must discontinue use of the affected Services and may cancel any applicable subscription.

Continued use following the effective date of properly notified revisions constitutes acceptance to the extent permitted by applicable law.

25. Governing Law and Dispute Resolution

25.1 Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of the Services, or your relationship with HeyOpen shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to conflict-of-law principles.

Nothing in this section limits mandatory consumer protections or other rights that cannot lawfully be waived under applicable law.

25.2 Informal Dispute Resolution

Before initiating formal legal proceedings, you and HeyOpen agree to make reasonable, good-faith efforts to resolve disputes informally.

You may submit written notice of a dispute to support@heyopen.ai, identifying the relevant account, the nature of the dispute, and the resolution requested.

The parties will attempt to resolve the dispute within thirty (30) days after receiving the notice, unless a different period is required by applicable law.

This process does not restrict any non-waivable right to seek immediate judicial or regulatory relief.

25.3 Jurisdiction and Venue

Subject to mandatory consumer rights and applicable legal requirements, you and HeyOpen agree to submit to the personal and exclusive jurisdiction of the state courts located in Sheridan County, Wyoming, and the federal courts located within Natrona County, Wyoming, for the resolution of legal actions or proceedings arising out of or relating to these Terms or the Services.

25.4 Arbitration

Any agreement to resolve disputes through binding arbitration shall apply only where expressly disclosed, validly accepted by the relevant parties, and enforceable under applicable law.

Unless a separate enforceable arbitration agreement applies, disputes shall be resolved in accordance with the governing law and jurisdiction provisions above.

25.5 Mandatory Legal Rights

Nothing in this section prevents users from exercising statutory consumer rights, pursuing remedies before competent regulatory authorities, or bringing proceedings in another jurisdiction where applicable law grants such rights.

26. Miscellaneous

26.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental agreements expressly incorporated by reference, constitute the applicable agreement between you and HeyOpen concerning the Services.

26.2 Severability

If any provision is held invalid, unlawful, or unenforceable, the remaining provisions shall remain effective to the extent permitted by law.

26.3 No Waiver

Failure by HeyOpen to enforce any provision shall not constitute a waiver of the right to enforce that provision subsequently.

26.4 Assignment

HeyOpen may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, or transfer of business, subject to applicable law.

You may not assign or transfer your rights or obligations without our prior written consent, except where permitted by law.

26.5 Force Majeure

HeyOpen shall not be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, network failures, cyber incidents, government actions, or substantial disruptions to third-party infrastructure, except where liability cannot lawfully be excluded.

26.6 Electronic Communications

By using the Services, you consent to receiving electronic communications relating to your account, subscriptions, transactions, security, legal notices, and service operations.

Such communications may be delivered by email, in-product notices, or other legally permitted methods.

Promotional communications are subject to applicable consent and opt-out requirements.

26.7 Feedback

If you voluntarily provide feedback, suggestions, or recommendations regarding HeyOpen, you grant the Company a non-exclusive, worldwide, perpetual, royalty-free right to use such feedback for product development, service improvement, and other legitimate business purposes, subject to applicable law.

This provision does not transfer ownership of private User Content or override applicable privacy obligations.

26.8 Language

These Terms are written in English.

If translations are made available, the English version shall control in the event of inconsistencies, except where applicable law requires otherwise.

26.9 No Agency

Nothing in these Terms creates an employment, partnership, joint venture, franchise, or agency relationship between you and HeyOpen.

26.10 Third-Party Rights

Except where expressly stated or required by law, these Terms do not create enforceable rights for third parties.

27. Contact Information

The Services are offered and operated by:

Legal Entity: Hey Open

General Support: support@heyopen.ai

For questions regarding these Terms, account concerns, billing matters, subscriptions, or use of the Services, you may contact support@heyopen.ai.

Formal legal notices may be directed to the registered address stated above or through another legally authorized notice method.