Terms of Service

1. Introduction

Welcome to Seen and Heard. These Terms of Service (“Terms”) govern your use of our video chat application (“App”), provided by Seen and Heard LLC (“Company”, “we”, “us”, or “our”). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Eligibility

You must be at least 13 years old to use the App. If you are under 18, you must have your parent or guardian’s permission to use the App. By using the App, you represent and warrant that you meet the eligibility requirements.

3. Account Registration

To use certain features of the App, you will need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for safeguarding your account information and for any activities or actions under your account.

4. User Conduct

You agree not to:

• Use the App for any unlawful purpose or in violation of any local, state, national, or international law.
• Harass, threaten, demean, embarrass, or otherwise harm any other user.
• Post, transmit, or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Use the App to transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.

5. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our App. You understand that by using the App, you consent to the collection and use of your information as set forth in the Privacy Policy.

6. Intellectual Property

All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, and software, are the exclusive property of the Company and are protected by intellectual property laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from the App.

7. Termination

We reserve the right to terminate or suspend your account and access to the App at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

8. Disclaimers

The App is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, express or implied, regarding the App, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, secure, or error-free.

9. Limitation of Liability

In no event shall the Company, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party; (iv) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (v) any other matter relating to the App.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Hawaii, USA, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Hawaii, USA, in the English language, in accordance with the Arbitration Rules and Procedures of the American Arbitration Association, by one or more commercial arbitrators with substantial experience in resolving disputes involving the software industry.

11. Changes to the Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Us

If you have any questions about these Terms, please contact us at support@seenandheard.app