Acknowledgment and Acceptance of Terms

  • Bamboo Technology Ltd. (hereinafter referred to as the "Company"), in accordance with this Terms of Use, provides users with the "Here Hear: 3D Virtual Therapist YangYang" application (hereinafter referred to as "Here Hear App"), which can be downloaded from the App Store or Google Play for use on mobile devices (including Android mobile phones and tablets, iOS mobile phones and tablets, and other computer applications that simulate the Android or iOS environments, all considered as use on mobile device), as well as the related content and services (hereinafter referred to as the "Service") of the Company’s website (URL: www.bamboodd.com, hereinafter referred to as the "Website"). When a user (including but not limited to those who upload audio files or stories, listen to audio files or stories, or otherwise access, capture, record, upload, download, use, listen and read all data, audio files, images, animations, content, and any form of electromagnetic records on the Here Hear App or the Website, hereinafter referred to as "user" or "you") starts using this Service, it means that you have read, understood and agreed to accept this all the contents of this Terms of Use.
  • If you do not agree with all or part of this Terms of Use, or if your country or region excludes or prohibits all or part of this Terms of Use, you should immediately stop using the Here Hear App and the Service provided by the Website.
  • The Company has the right to modify or change the content of this Terms of Use at any time. If there are any modifications or changes, the Company will announce it in an appropriate manner on the Here Hear App or on the Website and publish a link to the new version of the Terms of Use at the Website for users to read and understand. You can check the latest version of the Terms of Use at any time. Any revisions to the Terms of Use will take effect within 10 days after they are announced. If you do not agree with the revisions to the Terms of Use, you should stop using this Service. If you continue to use this Service, you will be deemed to have read, understood and agreed to accept such modifications or changes.
  • This Terms of Use constitute a contract between the user and the Company. Please read the following Terms of Use carefully to decide whether you agree or not and are willing to be bound by the following Terms of Use. After reading carefully, please check "I "Have understood and agreed to this Terms of Use", indicating that your agreement to this Terms of Use, and you can start using the Here Hear App and the Website.
  • If you are under the age of 18, you should immediately stop using the Here Hear App and accessing the content of the Website.

Membership and Account

  • When you use this Service for the first time, you need to follow the guidance of the Here Hear App to provide relevant documents or information to complete the registration of a member account. From the date you complete your member account registration (including the day you complete your member account registration), there will be a seven-day free trial period for you to fully experience this Service. After the seven-day free trial period ends, you will need to pay to continue using this Service. For applications to register as a member, the Company reserves the right to decide whether to agree to the registration.
  • You should guarantee that all information provided when registering as a member is correct and up-to-date, and you may not register as a member in the name of a third party; if the information provided by the member is subsequently changed, the member should update his/her information immediately. If a member fails to provide or update information in a timely manner, fails to provide information in a specified manner, or the information provided is incorrect or inconsistent with the facts, the Company has the right to suspend or terminate your member account without prior notice.
  • You should keep your member account and password properly and may not transfer, donate, inherit or share your member account with a third party. When you decide to no longer use the member account, you should request to cancel the account. Any transactions and activities conducted through your member account are deemed to be your own actions. If this causes any loss to you or a third party, you shall be solely responsible for it, and the Company shall not be liable.
  • If you find or suspect that your member account has been used fraudulently or improperly by a third party, you should notify the Company immediately and assist the Company in carrying out any response or investigation measures; however, the Company will not assume any form of compensation or indemnity to you, and you shall ensure the security of your member account on your own.
  • When the Company terminates a member account or stops providing this Service, it assumes no obligation to back up all information and content in the member account, and the Company does not assume any liability for breach of contract or liability for damages to you or any third party.

Cost

  • Here Hear App is charged on a subscription basis. Each subscription period is 30 days, 90 days, or 365 days. Unless you cancel the automatic subscription before the end of the current subscription period, Here Hear App will automatically renew the subscription at the end of the applicable subscription period.
  • If you pay with a discount code, Here Hear App will automatically renew at the end of the promotional period specified by the discount code.
  • Cancellation of the automatic subscription will take effect after the last day of the current subscription period, after which you will no longer be able to use the Here Hear App. Unless otherwise agreed in this Terms of Use, the Company does not provide refunds or provide credits for any part of the subscription period.
  • If you find that the Here Hear App has deducted money without your authorization, please report it to the Company and the Here Hear App management team or customer service team through the problem reporting mechanism.

Here Hear Privacy and Personal Data

  • Personal privacy and protection of personal data are your important rights. The Company and Here Hear App attach great importance to users' privacy and personal data protection, and therefore have formulated a privacy and personal data protection notice and consent. You understand that when you use Here Hear App, you agree that the Company and Here Hear App will collect, use, process and transmit your personal information in accordance with the "Privacy and Personal Data Protection Notice and Consent", including cross-border transmission and storage and, as well as internal use with the Company and its affiliates.

Terms and Conditions

  • The audio or story materials uploaded by users (hereinafter referred to as "User Content") are all the content of the user's personal experience or perception. Any similarity is purely coincidental, and there is absolutely no innuendo, slander or spread of false information, and the provider of "User Content" shall be solely responsible for it. The Company and Here Hear App have no control over the User Content uploaded through this Service, and therefore do not guarantee the integrity or quality of the content. "User Content" does not represent the position of the Company or Here Hear App. You understand that when using the Service, you may be exposed to User Content that is offensive, inappropriate, or objectionable. Under no circumstances will the Company and Here Hear App be responsible for any User Content, including but not limited to any errors or omissions, as well as any loss or damage arising from any content uploaded, downloaded, posted, emailed or transmitted in any form through the Service.
  • You understand and agree that Here Hear App has not conducted and is not obligated to conduct any prior review of User Content, and that the Company and Here Hear App have the right (but not the obligation) to refuse or remove any User Content provided by the User at the Company’s sole discretion. And you agree that when you use any User Content, you must evaluate your experience after use or exposure and bear all risks.
  • You understand and agree that the Company, Here Hear App, and the Website are not professional medical or consultation service providers, nor are they medical supplies or assistive devices. Any feedback, suggestions and information generated in response to User Content (hereinafter referred to as "Feedback") are only for information sharing purposes and does not constitute remote medical diagnosis results. If you have the need to seek professional advice or case analysis (including but not limited to medical, legal, financial, or psychological consultation), Feedback cannot replace any advice provided by professionals regarding relevant cases. You should still consult with professionals. The Company does not guarantee the accuracy and appropriateness of the Feedback, nor is it responsible for the User Content and the content on the Website.
  • You understand and agree not to use the Here Hear App for any illegal purposes or in any illegal manner and promise comply with the relevant laws and regulations of the Republic of China (Taiwan) and all international practices in the use of the Internet. If you are a user outside the Republic of China (Taiwan), you agree to comply with the laws and regulations of your country or region. You agree and guarantee not to use this Service to engage in any infringement of the rights of others or illegal activities, including but not limited to:
  1. Publish or transmit anything defamatory, insulting, threatening, offensive, indecent or obscene;
  2. Untrue, contrary to public order or good customs, or other illegal behavior
  3. Infringe on others' reputation, privacy, business secrets, trademark rights, copyrights, patents, other intellectual property rights and other rights;
  4. Breach of confidentiality obligations owed by law or contract;
  5. Use the Here Hear App or this Service under someone else's name or IP address;
  6. Transmitting or distributing computer or mobile phone viruses;
  7. Engage in illegal trading activities or post information that is false or inciting to commit crimes;
  8. Selling guns, drugs, prohibited substances, pirated software or other prohibited items;
  9. Provide gambling information or induce others to participate in gambling in any way;
  10. Any attempt or behavior to damage, interfere with or invade the data, functions, and systems of the Here Hear App.
  11. All other behaviors that Here Hear App has legitimate reasons to deem inappropriate.

The above provisions do not mean that the Company or Here Hear App has any obligation to review User Content in advance. Users must be fully responsible for the User Content they upload and related actions.

  • You understand and agree that the Company and Here Hear App may, in accordance with legal requirements or within the reasonable and necessary scope for the following purposes, determine that it is necessary to preserve or disclose User Content to government agencies or judicial police:
  1. To comply with laws or legal procedures required by government agencies;
  2. To enforce this Terms of Use;
  3. To respond to any claims of infringement of third party rights; or
  4. To protect the rights, property, or personal safety of the Here Hear App, its Users and the public.
  • You understand and agree that if the Company or Here Hear App discovers, or other Users complain or claim that any User has violated the above provisions or is suspected of doing so, the Company and Here Hear App may, within a reasonable review period, have the right but not the obligation to remove specific User Content at any time, based on other Users’ reports and the Company’s absolute discretion, without prior notice. The Company may also seek compensation from the User if the User Content causes damage to the Company.

Data preservation, System Interruption or Failure

  • Here Hear App does not exclude the possibility of interruptions or failures due to network transmission traffic and other technical factors, which may cause you inconvenience, data loss, errors, tampering, or other financial losses. You are advised to take your own protective measures when using the Here Hear App. The Company is not responsible for any damages caused by your use (or inability to use) the Service.

Download Information

  • The Company does not assume any responsibility for the suitability, validity, correctness, completeness, or infringement of the rights of others of the User Content you use through this Service or download through Here Hear App, or any other information. You should use your own discretion and judgment before downloading to avoid losses (such as damage to your computer system or loss of stored data); the Company is not responsible for any such losses.
  • You acknowledge that any User Content you listen to and download on the Here Hear App is of a story nature and is only for personal expression of emotions and feelings. If a User downloads the User Content through the Here Hear App and then directly publishes and uploads the User Content on other platforms or websites, or re-uploads and publishes the User Content, you shall be solely responsible for the downloaded User Content. The Company and Here Hear App are not responsible for such action.

Information or Suggestions

  • The information or opinions (including but not limited to business, investment and financial management, medical, legal, psychological consultation, etc.) obtained by the Company and Here Hear App from your use of this Service or through Here Hear App, Website, or other linked websites is for informational purposes only. This information is not intended to provide analysis or advice for your specific case, and the Company does not guarantee the appropriateness or correctness of its content. If you have any need to seek professional advice or case analysis (including but not limited to medical, legal, financial, or psychological consultation, etc.), please consult a professional. Here Hear App and the Website reserve the right to modify or delete the information or suggestions provided by the Service at any time.
  • Here Hear App is a platform for Users to express their emotions. It cannot replace medical or psychological consultation. Users of Here Hear App can upload User Content and use AI assistants to understand their emotions and find channels for expression. All User Content uploaded through the Here Hear App is voluntarily provided by the Users. Therefore, User are responsible for the authenticity or legality of the User Content. Here Hear App does not provide any express or implied warranties regarding the authenticity or legality of the User Content uploaded by Users. You should make your own judgment. The Company and Here Hear App are not responsible for any losses caused by any individuals or entities due to listening to User Content, including but not limited to direct, indirect, incidental, punitive, and consequential losses.
  • If you believe that certain User Content involves infringement or is untrue or illegal in any way, please report it to the Company and the Here Hear App management team or customer service team through the reporting mechanism.

Matching Suicide Prevention and Professional Services

  • Here Hear App will provide Feedback after analyzing the User Content through AI. If the User Content is determined by AI analysis to require assistance from professionals, the Feedback will provide the contact information for professionals (including but not limited to appointment phone number, website or online communication software such as the official account of LINE). You can choose whether to seek assistance from professionals recommended by Here Hear App. If the User Content is determined by AI analysis to involve suicide , the Feedback will provide a suicide prevention hotline. You can choose to call the hotline to seek assistance from professionals.
  • You expressly understand that the above provisions do not make the Company or Here Hear App mandatory reporters for suicide prevention and treatment. The suicide prevention hotline provided by the Company and Here Hear App is an additional service out of customer care.

Association with Third-Party Websites or Institutions

  • This Service may provide links or telephone numbers to other institutions, websites, or online resources. When you click on the link or choose to make a call, you may be linked to websites or institutions operated by other operators, but this does not mean that there is any control, affiliation, or other management or supervisory relationship between the Company and such operators or institutions.
  • Websites or institutions operated by other operators are the sole responsibility of those operators and are not within the control and responsibility of the Company. The Company does not guarantee the suitability, reliability, timeliness, effectiveness, correctness, and completeness of any search results or external links. If such website or institution asks for any information from you (including but not limited to personal information or other private information, etc.), please make your own decision on whether to provide it. The Company is not responsible for any damages caused by your access to websites or institutions not managed by the Company and shall not be responsible for damages compensation.

Disclaimer

  • You expressly understand and agree that the Company and Here Hear App do not assume any express or implied warranty for this Service, including but not limited to complete rights, commercial merchantability, and non-infringement of third-party rights. When using this Service, you assume all related risk. The Company and Here Hear App do not guarantee, including but not limited to, the following:
  1. That the Service and software meet your needs.
  2. That the Service and software will be uninterrupted, provided in a timely manner, secure, reliable, or error-free.
  3. That any products, services, information, or other material obtained through the Service will meet your expectations.
  4. That any bugs in the software will be corrected.
  • You expressly understand and agree that any information downloaded or obtained through the Service should be considered at your own discretion and risk, and you agree to waive all rights to make any claims or requests against the Company and Here Hear App for any damages or data loss to your mobile device system, network access, download or playback equipment resulting from the download of such data. You agree to take full responsibility for any damage or loss of data resulting from your access.
  • You expressly understand that any User Content and audio file data you obtain from the Company and Here Hear App are information shared by the Users themselves. Here Hear App does not guarantee the authenticity and accuracy of Such content and audio file data. Any information obtained from Here Hear App does not constitute a guarantee of the Service. The Company and Here Hear App do not assume any responsibility for any legal consequences arising from your erroneous reliance on such information.
  • You expressly understand and agree that the Company, its subsidiaries, affiliates, managers, employees, agents, partners, and licensors are not responsible for any direct, indirect, or punitive damages to you.
  • You agree to handle and resolve on your own on any requests or claims from any third parties arising from or resulting from your provision, posting or transmission of User Content through the Service, use of the Service, connecting to the Service, violating this Terms of Use, or infringing upon any rights of other, and you will indemnify the Company and its subsidiaries, affiliates, managers, agents, employees, partners, and licensors from any damages.
  • You expressly understand that Here Hear App is not a medical device or assistive device, does not have any therapeutic functions, and is not a professional psychological counseling service provider. The Feedback provided by Here Hear App is only generated by AI based on the voice input provided by the User and does not constitute a telemedicine diagnosis. It does not have any medical or psychological diagnosis effect. You expressly understand that the Feedback cannot replace medical advice or the advice of professionals. For your physical and mental health, you should always follow the advice of doctors, psychologists, social workers, and other professionals, rather than the content of the Feedback.

Protection of Intellectual Property Rights

  • The software or programs used by the Here Hear App and all content on the App, including but not limited to works, pictures, documents, information, materials, website structure, website layouts, webpage design, are owned by the Company or other rights holders (such as Users), in accordance with the laws and regulations, including but not limited to trademark rights, patent rights, copyrights, trade secrets, and proprietary technologies. No one may use, modify, reproduce, publicly broadcast, adapt, distribute, publish, publicly disclose, reverse engineer, decompile, or disassemble without permission. If you wish to quote or repost the aforementioned software, programs, or website content, you must obtain prior written consent of the Company or other rights holders in accordance with the laws and regulations. Respecting intellectual property rights is your obligation, and if violated, you shall be liable for damages to the Company (including but not limited to litigation costs and attorney’s fees). In addition, you understand that if the User Content uploaded involves infringement of the intellectual property rights of others, the Company will appropriately handle it on Here Hear App and announce it on the Website. If you are the uploader of the specific User Content claimed to infringe intellectual property rights, you should contact the customer service team as soon as possible within 5 days after the Company’s announcement, and provide the Company with contact information so that the Company could try to its best (but not obligated) to mediate possible disputes between Users.

Your Authorization to Here Hear App

  • If you do not have the legal right to authorize others to use, modify, reproduce, publicly broadcast, publicly perform, publicly transmit, adapt, edit, distribute, publish, or publicly release certain audio materials or musical works (hereinafter collectively referred to as "Creative Content"), and to sublicense the these rights to third parties, please do not upload or provide such Creative Content to the Here Hear App without authorization. Any Creative Content uploaded or provided to Here Hear App by you is deemed to be guaranteed by you to the Company that the Creative Content uploaded is your own creation and does not infringe upon the rights of others, and allows the Company to use, reproduce, publicly broadcast, publish, publicly release such Creative Content unconditionally, and to sublicense these rights to third parties, to which you have absolutely no objection. You also guarantee that the Company's use, reproduction, public broadcast, public transmission, publish, public release, and sublicense of such Creative Content will not infringe upon the intellectual property rights of any third party. Otherwise, you shall be liable for any damages (Including but not limited to litigation costs and attorney’s fees).

Not for Commercial or Non-Commercial Use

  • Without obtaining prior legal authorization from the Company or rightful owners, you agree not to reproduce, modify, edit, distribute, publicly broadcast, sell, trade, resell, or use any part of the Service (including User Content and software) for any commercial or non-commercial purpose. Failure to comply will result in legal action and claims for compensation by the Company.

Copyright Infringement Handling

  • Here Hear App respects and protects the copyrights of others, and we will protect copyright and handle matters related to copyright infringement in accordance with the "Here Hear App Copyright Protection Measures". If you believe that any content in the Here Hear application or the User's use of the Here Hear App services has infringed upon your copyright, please read the "Here Hear App Copyright Protection Measures" carefully and fill out the "Notice of Copyright Infringement", and please provide the relevant information and statements as stated in the notice and provide it to the Company via fax or email after signed or stamped.

  • If your use of this Service involves any infringement, Here Hear App has the right to terminate all or part of the Service to you.

Service Termination or Change

  • Here Hear App reserves the right to modify, temporarily or permanently suspend, or discontinue the provision of this Service (or any part thereof) at any time without prior notice. You agree that Here Hear App shall not be liable to you or any third party for any modifications, suspensions, or permanent discontinuation of the Service.

Deny or Terminate Your Use

  • You agree that Here Hear App may, at its sole discretion and for any reason, including but not limited to lack of use or if Here Hear App believes that you have violated the terms or spirit of the Terms of Use, terminate your access to the Service and remove or delete any User Content in the Service. Here Hear App may also, at its sole discretion and with or without notice, terminate the Service or any part thereof at any time. You agree that services provided under any provision of the Terms of Use may be terminated without prior notice, and you acknowledge and agree that Here Hear App may immediately close or delete all relevant data and files in Here Hear App, and stop the use of the Service. Furthermore, you agree that if use of the Service is terminated, Here Hear App shall not be liable to you or any third party.

Applicable Law and Jurisdiction

  • The interpretation and application of this Terms of Use, as well as disputes related to this Terms of Use, shall be handled in accordance with the laws of the Republic of China, and the Taipei District Court of Taiwan shall be the court of first instance.

If you have any questions, please feel free to email the App customer service team via herehear@bamboodd.com.