Terms and Conditions

Last updated: April 19, 2024

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the High EQ mobile application, web application, website, and related services (collectively, the "Service") provided by KloudStep LLC ("Company", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

2. Definitions

• Service: The High EQ mobile application, web application, website, and any related services provided by the Company.
• User: Any individual or entity accessing or using the Service.
• Account: The personal user profile created through registration, requiring login credentials for access to the Service.
• Third-Party Offers: Sale notifications, offers, and links provided by external vendors or retailers.
• Personal Data: Information that identifies or can be used to identify an individual, including your name, phone number, email, login details, region, and other personal information.
• Data: All information collected through the Service, including Personal Data and Usage Data.

3. Description of the Service

The Service includes a mobile application and web application that help users discover and track designer brand sales and offers. The mobile and web applications allow users to browse, search, and view offers. The notifications and sale information are aggregated from third-party sources. By using the Service, you acknowledge and agree that the Company does not create, manage, or endorse the actual sale or product details provided by third parties.

To enhance your experience, we utilize artificial intelligence tools such as OpenAI and Speechify to generate tailored content and provide a more personalized service. These AI tools help us improve the quality of our service and deliver a better user experience. The audio content provided in our application is generated by AI, not by human voice actors.

4. Account Registration and Security

To access certain features of the Service, you may be required to create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to:

• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Ensure that you exit from your account at the end of each session when accessing the Service on a shared device.
• Not share your account credentials with any third party.

The Company reserves the right to disable any user account if we believe you have violated any provisions of these Terms or if your account shows signs of suspicious activity.

5. Data Collection, Storage, and Privacy

To provide and improve the Service, we collect and store certain Personal Data, including your name, phone number, email address, login credentials, region, and other personal information. This information is stored on the following platforms:

• Google Firebase: We store your account details, login information, name, phone number, region, and other personal information on Google Firebase in accordance with Google's storage terms and privacy policies.
• Google Analytics: We use Google Analytics to collect and analyze usage data, including information about how you interact with our Service, to improve our offerings and user experience.
• Supabase: We also store certain data on Supabase, a database service, to manage and process information related to our Service.

By using Our Service, You acknowledge that Your data is processed and stored according to these third-party services' terms of service and privacy policies.

We do not share your personal information with third parties for marketing or advertising purposes. However, to provide you with a better experience, we use AI tools such as OpenAI and Speechify to process certain data for content generation and service improvement. These AI tools are used in accordance with their respective terms of service and privacy policies. The information you provide during onboarding may be shared with these AI tools to generate tailored feedback and audio content.

Marketing Communications

By providing your email address, you agree to receive occasional promotional emails from us, including updates, special offers, and new features. You can opt out at any time by clicking the unsubscribe link in our emails or contacting us directly.

Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

6. Use of the Service and User Responsibilities

By using the Service, you agree to:

• Provide accurate and up-to-date information during registration and while using the Service.
• Maintain the security of your account and login credentials.
• Use the Service in compliance with all applicable laws and regulations.
• Accept that the notifications and offers provided are for informational purposes only.
• Not use the Service for any illegal or unauthorized purpose.
• Not attempt to probe, scan, or test the vulnerability of the Service or bypass any security measures.

The Company is not responsible for any transactions or interactions between you and any third-party seller. Any sale or service is solely the responsibility of the respective seller, and you are advised to verify offer details before proceeding with any transaction.

7. Mobile Application Terms

When you download and use our mobile application, the following additional terms apply:

• You acknowledge that these Terms constitute an agreement between you and the Company, not with Apple, Google, or any other app platform provider.
• Your use of the app must comply with the applicable app store's terms of service.
• The Company, not the app store, is solely responsible for the app and its content.
• You may only use the app on devices that you own or are authorized to use.
• The app may send push notifications to your device if you opt in to receive them.
• The app may update automatically, and you agree to accept these updates.

8. Disclaimer of Accuracy and Errors

The information displayed on the Service, including sale notifications and offers, is aggregated from various sources and may contain errors, including pricing or product inaccuracies. The Company does not guarantee the accuracy, completeness, or timeliness of any information provided. You acknowledge that any reliance on such information is at your own risk.

9. AI Services

Our Service utilizes artificial intelligence tools and APIs, including but not limited to OpenAI and Speechify, to enhance user experience and provide tailored content. When using these AI services:

• You acknowledge that content generated by AI tools may not always be perfect or error-free.
• We do not share your personal information with third parties for marketing purposes, but certain data may be processed by AI service providers to generate content and improve our services.
• AI-generated content is provided "as is" without any warranties, express or implied.
• We strive to ensure that AI-generated content is accurate and appropriate, but we cannot guarantee its accuracy or suitability for your specific needs.
• You agree that the Company is not liable for any issues arising from the use of AI-generated content.
• The audio content provided in our application is generated by AI, not by human voice actors.
• While we strive to ensure that AI-generated content is appropriate and not offensive, we cannot guarantee that all content will be free from errors or potentially inappropriate language.
• We do not intend to offend, judge, or perpetuate preconceptions through our AI-generated content.
• We are not responsible for any misleading use of AI-generated content or any health issues that may arise from using our Service.

10. Intellectual Property

All content, trademarks, and data on the Service, including but not limited to text, graphics, logos, icons, images, and software, are the property of the Company or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

11. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED OR FOR ANY TRANSACTION OR SERVICE CONDUCTED BETWEEN YOU AND THIRD-PARTY SELLERS.

ADDITIONALLY, THE COMPANY IS NOT RESPONSIBLE FOR ANY MISLEADING USE OF AI-GENERATED CONTENT OR ANY HEALTH ISSUES THAT MAY ARISE FROM USING OUR SERVICE. THE CONTENT PROVIDED THROUGH OUR SERVICE IS GENERATED BY AI AND MAY CONTAIN ERRORS OR INACCURACIES. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF ANY AI-GENERATED CONTENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any rights of another.

13. Termination

We reserve the right to suspend or terminate your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, to the Company, or to third parties, or for any other reason. Upon termination of your account, your right to use the Service will cease immediately.

14. Changes to these Terms

The Company reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on the Service. Your continued use of the Service after any modifications signifies your acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Wyoming, and you hereby consent to the jurisdiction and venue of such courts.

16. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us at info@higheq.app.

info@higheq.app
KloudStep LLC, (High EQ)
30 N Gould St Ste R Sheridan 82801
WY US