Hi-Sam Beta Test Terms and Conditions
Effective Date: April 1st, 2025
PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY STATEMENT (https://www.hi-sam.ai/privacy-policy) (collectively herein after the "Terms") CAREFULLY BEFORE PARTICIPATING IN THE BETA TESTING OF THE HI-SAM AI MENTAL HEALTH BOT ("Hi-Sam"). BY ACCESSING OR USING THE BETA VERSION OF HI-Sam's BETA PROPERTIES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE BETA TEST.
THE "Beta Properties" means any of Hi-Sam's books, the treatment methods and related content, and materials derived from the founder’s published works, including but not limited to the written content, characters, concepts, plots treatment methodologies, prompts, and related materials and the Hi-Sam AI models and AI mental health bot, including all underlying code, algorithms, training data, models, systems, and related technologies.
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1. Beta Testing Participation
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a. Voluntary Participation:
- Your participation in the beta test of Hi-Sam for the Beta Properties is entirely voluntary.
- You acknowledge that the beta version of the Beta Properties is still in development and may contain bugs, errors, or performance issues.
- You understand that this beta version of the Beta Properties is provided solely for testing, evaluation, and feedback purposes and is not intended for production use.
b. Eligibility:
- By participating in the beta test for the Beta Properties, you represent and warrant that you are at least 18 years old or have obtained the necessary consent from a legal guardian.
- You agree to comply with these Terms and all instructions provided as part of the beta testing process.
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2. License and Use of the Service
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a. License Grant:
- Hi-Sam grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the beta version of the Beta Properties, for a period of 180 days (the “Beta Period”) solely for personal, non-commercial testing and evaluation purposes, and in connection with the beta testing.
b. Restrictions:
- You shall not: (i) copy, modify, distribute, reverse engineer, decompile, or disassemble any part of Hi-Sam ) (ii) alter, tamper with, repair, or otherwise create derivative works of the Beta Properties, or apply any other process or procedure to derive the source code of the Beta Properties; (iii) remove any identification, including copyright, trademark, patent or other notices, contained in or on the Beta Properties; or use the Hi-Sam name, logo or trademarks without prior written consent from Hi-Sam.
- You agree not to use Hi-Sam for any commercial or production purposes during the beta phase.
- You agree to use the Beta Properties and any related service in accordance with all applicable laws and regulations.
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3. Intellectual Property Rights
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a. Ownership:
- All rights including intellectual property rights, copyrights, trademarks, trade secrets, and proprietary information in and to the Beta Properties and any part thereof, are owned by Hi-Sam and its licensors. Any right not explicitly granted to you herein is reserved to Hi-Sam, or its licensors.
- The treatment methods and related content, including materials derived from the founder’s published works, are the exclusive property of Hi-Sam.
b. User-Generated Content:
- Any content you generate during your interaction with Hi-Sam Beta Properties or beta testing process (such as session data and mantras) remains your property; however, you grant Hi-Sam a non-exclusive, perpetual, irrevocable, royalty-free, fully paid up, worldwide license to use, analyze, and incorporate such data for the sole purpose of improving the service during the beta phase.
- This license is limited to internal development, research, and optimization purposes and does not transfer any ownership rights.
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4. Data Collection, Storage, and Privacy
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a. Session Logs:
- Hi-Sam Beta Properties automatically records session logs of your interactions, which are stored on our secure servers.
- These logs contain only the information you voluntarily provide during your sessions.
b. Anonymity and Data Security:
- All session logs are anonymized and do not contain any personally identifying information unless explicitly provided by you.
- Hi-Sam employs industry-standard security measures, including encryption and secure storage practices, to protect your data against unauthorized access or disclosure.
c. Data Usage:
- The collected data is used exclusively for tuning, optimizing, and improving the AI mental health bot and the Beta Properties.
- Data is used for internal analysis to enhance the user experience and performance of Hi-Sam Beta Properties during the beta phase.
d. No Third-Party Sharing:
- Hi-Sam will not share, sell, rent, or otherwise distribute your session data or any other information collected during the beta test to any third party.
- Your data remains confidential and is used solely for the purposes stated in these Terms and the accompanying Privacy Statement (https://www.hi-sam.ai/privacy-policy).
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5. Feedback and Reporting
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a. User Feedback:
- You agree to provide feedback, including suggestions, reviews, and error reports, during the beta test.
- All feedback provided becomes the property of Hi-Sam, and you grant us the right to use, modify, sell, distribute, sub-license, and create derivative works of the feedback or incorporate your feedback into future versions of the service or to any Hi-Sam’s product, technology, service or other documentation, without compensation or attribution.
b. Reporting Issues:
- You agree to promptly report any bugs, errors, or issues you encounter during your use of Hi-Sam Beta Properties.
- Hi-Sam reserves the right to modify or discontinue the beta test based on the feedback and issues reported.
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6. Disclaimers and Limitation of Liability
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a. "As Is" and "As Available" Basis:
- Hi-Sam Beta Properties and any related documents is provided on an "as is" and "as available" basis without any warranties, express or implied and Hi-Sam its affiliates, licensors, or partners disclaims any warranty.
- No advise or information obtained by you in connection with the beta testing or your use of the Beta Properties shall create any warranty express or implied.
- We do not guarantee that the beta version of the Beta Properties will meet your requirements or that it will be error-free, secure, or uninterrupted.
b. Assumption of Risk:
- By participating in the beta test, you acknowledge and accept that the Beta Properties is experimental and may have limitations, errors, or technical issues.
- You assume all risks associated with the use of Hi-Sam Beta Properties during the beta phase.
c. Limitation of Liability:
- In no event shall Hi-Sam, its affiliates, licensors, or partners be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with you’re the beta testing or your use of Hi-Sam Beta Properties or related documents.
- Notwithstanding anything to the contrary herein, Hi-Sam's total aggregate liability under the Terms, if any, to you or any other third party, in connection with any claim relating to the beta testing and the Beta Properties, shall in no event exceed $US100.
- Your sole remedy for any dissatisfaction is to discontinue use of the Beta Properties.
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7. Term &Termination
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The Terms are effective as of the day you execute the Terms and/or use the Beta Properties (whichever is earlier). Your rights with respect to the Beta Properties will terminate upon the end of the Beta Period or earlier upon either party’s termination of the Terms as follows:
a. Termination by Hi-Sam:
- Hi-Sam reserves the right to suspend or terminate your access to the beta version of the Beta Properties at any time, without prior notice, for any reason, including but not limited to violations of these Terms.
- Upon termination, all rights granted to you under these Terms will immediately cease.
b. Termination by You:
- You may discontinue your participation in the beta test at any time by ceasing to use Hi-Sam Beta Properties.
- Upon termination, you agree to immediately cease the use of the Beta Properties delete any copies of materials or data obtained from Hi-Sam and the Beta Properties. The following provisions will survive any termination of these Terms: Sections 2.b, 3, 5-6, 9-10.
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8. Modifications to the Terms and the Service
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a. Amendments:
- Hi-Sam may modify these Terms at any time by posting updated Terms on its website or through the beta platform.
- Your continued participation in the beta test following any such changes will constitute your acceptance of the modified Terms.
b. Service Changes:
- Hi-Sam reserves the right to modify, suspend, or discontinue any aspect of the Besta Properties at any time without liability.
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9. Governing Law and Dispute Resolution
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a. Governing Law:
- These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of law principles.
b. Dispute Resolution:
- Any disputes arising out of or in connection with these Terms shall be resolved through informal negotiation between the parties.
- If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of, with the arbitration taking place in Israel, and the decision rendered by the arbitrator shall be final and binding.
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10. Miscellaneous
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a. Entire Agreement:
- These Terms, together with the accompanying Privacy Statement, constitute the entire agreement between you and Hi-Sam regarding your participation in the beta test and supersede all prior agreements or understandings.
b. Severability:
- If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
c. No Waiver:
- The failure of Hi-Sam to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hi-Sam in writing.
d. Contact Information:
- If you have any questions, concerns, or comments about these Terms, please contact us at:
- Email: info@hi-sam.ai
e. Confidentiality. Your participation in the beta testing and the provision of the Beta Properties by Hi-Sam will bring you into close contact with proprietary and confidential affairs of Hi-Sam, including matters of a business nature and any other information not readily available to the public. You undertake to keep secret and not to disclose all such non-public proprietary and confidential information disclosed or made available to you by or on behalf of Hi-Sam in connection with these Terms, either during or after the expiration or termination of the Terms, to any other person without the prior written consent of Hi-Sam.
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Acknowledgment
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By participating in the Hi-Sam beta test, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for helping us improve Hi-Sam Beta Properties and for contributing to the development of a safer and more effective mental health support tool.
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Note:
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These Terms and Conditions apply solely to the beta testing phase of Hi-Sam. Future versions of Hi-Sam may be subject to revised Terms and Conditions and a separate Privacy Policy, which will be provided to you prior to any changes in data practices or usage of the service.