Terms of Service, and Privacy Policy - Language Assessments
Terms of Service – Language Assessments
Welcome to the services operated by Hallo, Inc., also known as “Hallo” consisting of the website available at hallo.ai, and its network of websites, software applications, or any other products or services offered by Hallo (the “ Hallo Services ”). Other services offered by Hallo may be subject to separate terms.
When using the Hallo Services, you will be subject to Hallo’s Terms of Service and Privacy Policy, and you be subject to additional guidelines or rules that are posted on the Hallo Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. Hallo may also offer certain paid services, which are subject to any terms or conditions that are disclosed to you in connection with such services.
The Terms of Service apply whether you are a user that registers an account with the Hallo Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, accessing or using the Hallo Services, you are entering into a legally binding agreement between you and Hallo regarding your use of the Hallo Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Hallo Services.
When using or opening an account with Hallo on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
1. Service Use
You may access and use the Services for your personal use or, if applicable, for the internal business purposes of your organization as permitted under any separate agreement with Licensor. You agree not to use the Services for any illegal or unauthorized purpose or in violation of any applicable laws or regulations. You are responsible for maintaining the security and confidentiality of any devices used to access the Services and preventing unauthorized access to the Services. You may not use the Services to infringe upon the intellectual property rights of any third party. Sharing or copying of content created or made available through the Services is strictly prohibited unless expressly permitted by Licensor or applicable law. All content created or made available through the Services, including user-generated content, belongs exclusively to Licensor. Any documentation or information provided with or obtained through the Services may only be used for purposes authorized by Licensor or the party directing your use of the Services.
2. Modification of these Terms of Service
Hallo may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the Hallo Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
3. Consent to data transmission
By using the Services, you consent to the transmission of standard device information and usage data to Hallo in accordance with its Privacy Policy below.
4. Ownership of user content and license
The Hallo Services are owned and operated by Hallo. Unless otherwise indicated, all content, information, and other materials on the Hallo Services including, without limitation, Hallo’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, any data or content generated through your use of the Services, including voice recordings and assessment data are protected by relevant intellectual property and proprietary rights and laws. Unless otherwise expressly stated in writing by Hallo, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Hallo Services for your personal use or internal business use only. You grant Hallo a non-exclusive, worldwide license to use, reproduce, modify, and distribute your user-generated content for the purpose of providing and improving the Services.
5. Restrictions on use
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Hallo Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence. Renting, selling, leasing, or lending the Services or any related information to third parties is prohibited. You may not use the Services to access unauthorized services, accounts, networks, or data.
6. Export compliance
You agree to comply with all domestic and international export laws and regulations applicable to the Services.
7. Disclaimer of warranties
The Services are provided “as is” without warranties of any kind, and Hallo disclaims all warranties, express or implied, including but not limited to fitness for a particular purpose and non-infringement.
8. Indemnification
You agree to indemnify and hold Hallo harmless from any claims, damages, or expenses arising from your use of the Services.
9. Governing law and jurisdiction
This Agreement is governed by the laws of the State of Utah, and any disputes shall be resolved in the state and federal courts of Utah.
10. Account security
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
11. Attorney fees
In the event of any legal action related to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
12. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HALLO OR THE HALLO PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE HALLO SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HALLO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HALLO’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HALLO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE HALLO SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HALLO SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HALLO AND RECEIVED THROUGH OR ADVERTISED ON THE HALLO SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT HALLO HAS OFFERED THE HALLO SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HALLO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HALLO. HALLO WOULD NOT BE ABLE TO PROVIDE THE HALLO SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and Hallo agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HALLO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HALLO.
You and Hallo agree to arbitrate any dispute arising from these Terms of Service or your use of the Hallo Services, except that you and Hallo are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Hallo agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Hallo shall be sent to Hallo, Inc. You and Hallo further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Utah County, Utah; that arbitration will be conducted confidentially by a single arbitrator; and that the state or federal courts in Utah County, Utah have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Utah and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Hallo will not commence against the other a class action, class arbitration or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence.
15. Claims
YOU AND HALLO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HALLO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Miscellaneous
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hallo without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the Sections above.
17. Entire Agreement
The Terms of Service, together with the Privacy Policy is the entire agreement between you and Hallo relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service made by Hallo as set forth in the Sections above.
Privacy Policy– Language Assessments
Your privacy is very important to us. We designed our data policy to make important disclosures about how you can use Hallo to share with others and how we collect and can use your content and information. We encourage you to read the data policy described at the end of the document, and to use it to help you make informed decisions.
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are committed to protecting your privacy and the security of your personal information and that of your customers.
In this Privacy Policy, we use the word “Data” to describe all the information we collect that relates to you and your use of our Services. Because of the nature of our Services, the term “Data” also includes the information, including personally identifiable information, you gather and process that you upload to the Services. We rely on your compliance with our Terms of Use.
The term “Data” does not apply to de-identified, anonymized, and aggregated data that may be derived from Data, that cannot be reasonably connected with any individual, (“De-identified Data”). We hold all rights in and may use De-identified Data for our own purposes in any manner and without attribution or compensation to any person.
We provide access to www.hallo.ai and the related software tools through which language abilities can be tested and assessed successfully. In this Privacy Policy, all tools and services made available in connection with our platform, including our website, web applications, tools, and any other services that we provide directly to you, whether now known or developed later, are included in the term “Services.”
1. Lawful basis for processing
Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data throughout this Privacy Policy. In general, our lawful basis for processing your Data is based on your specific consent or your contract with us.
By accessing or using any of the Services or by otherwise interacting with us, you consent to our use of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use the De-Identified Data for use by us in connection with our business efforts in the future. In addition, your withdrawal of consent may not prevent us from retaining and processing Data if we have gathered such Data pursuant to a different lawful basis or to preserve legal claims.
When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy, or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing these Data have been fulfilled and after we no longer have a legal obligation to keep these Data.
In all cases, we will comply with applicable law, and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.
2. Intended users
The Services are directed to persons 18 years of age or older or of children 13 years of age or older who have a parent’s, legal guardian’s, or other caregiver’s consent. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, and except to the extent allowed or required by law, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. For K-12 clients, we do not gather any private information but use De-identified Data only.
3. Data information
Listed below are categories of Data we collect when you use our Services. We never sell your Data, and we always have a lawful basis for gathering the Data. Regardless, we never use the Data for any purpose other than the purpose for which we gathered the Data in the first place, unless we get your prior explicit consent.
Registration data may consist of the name and email address, or other information you provide us using the Services, both when you register for the Services and thereafter. Registration Data also includes your client type, and other applicable registration information, if any. For K-12 clients, we use De-identified Data for registration.
Our lawful basis for processing registration data is our contract with you and your consent. We can only provide certain of the Services to you if we have the registration data, so we need to store and access that registration data during the term of our contract. Even when the registration data is not critically necessary to the provision of the Services, we may still process that registration data to facilitate our contractual interactions with you.
Registration data is accessible generally only to us and to you. We use registration data to provide the Services to you. At times, we will share the registration data with other third parties at your request. We will never share your password with any third party.
4. Your rights regarding your data
Under applicable data protection, privacy, and other laws, you have certain rights concerning your access and control of your Data. These rights include: Access, Correction, Update, or Deletion: You have the right to access, correct, update, or request deletion of your Data. You can object to processing or restrict the processing of your Data. However, please note that exercising this right may limit or eliminate our ability to provide you with the Services. You have the right to request the portability of your Data. You can submit a complaint to any applicable regulatory authority about our processing activities. You have the right to limit the use, disclosure, and restriction of sensitive personal information. Please note that exercising any of these rights may limit or eliminate our ability to provide you with the Services, and we may terminate the Services accordingly. We will strive to comply with your request(s) as soon as reasonably practicable and at least as required by applicable law.
A. Privacy for EU/UK Residents
The General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), effective in Europe since May 25, 2018, mandates that we transparently describe to data subjects the data we collect and how we utilize it. This Privacy Policy fulfills that requirement.
While we are based in the United States, by accessing or using our Services or providing information to us, you acknowledge that your data will be processed, transferred, and stored in the United States.
Considering the nature of our Services, we typically act as a “Controller” as defined under the GDPR.
Pursuant to the GDPR, residents of the EU (and the European Economic Area, as applicable) have the right to ascertain whether we maintain personal information concerning them in the United States. Upon request, we will provide access to the Data we hold about you.
Moreover, if you are a resident of the United Kingdom (“UK”), to the extent the GDPR, as incorporated into UK law pursuant to the European Union (Withdrawal) Act 2018, differs from the GDPR, we will adhere to all supplemental requirements under the UK GDPR, and you retain all rights as a UK citizen under the UK GDPR.
B. Privacy for California Residents
California introduced the California Consumer Privacy Act (“CCPA”) at the beginning of 2020, followed by the California Privacy Rights Act (“CPRA”), portions of which took effect on January 1, 2022. We adhere to the CCPA and CPRA requirements to the extent they apply to us.
If you are a California resident, you have the right to request the exercise of your rights for any Data we have processed in the 12 months preceding your request. This covers categories, sources, purposes, and, if applicable, third parties with whom we share the Data. Furthermore, you can exercise any of your rights free of discrimination; for instance, we cannot adjust the price or quality of our Services based on your exercise of rights.
Given the nature of our Services, we typically operate as a “business” as defined under the CCPA and CPRA.
C. Privacy for Canada Residents
To meet the strict laws and regulations for Canadian organizations, we use databases in Montréal and Toronto for storage, and you have the right to request the exercise of your rights for any Data we have processed.
D. Privacy for Other Jurisdictions
We strive to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply to us and our Services. We strive to be transparent about our data processing activities and have disclosed our practices throughout this Privacy Policy.
6. Security
The security of your Data is of utmost importance to us. Our technical, contractual, administrative, and physical security measures are designed to protect the Data you provide to us. We have implemented procedures to limit the dissemination of your Data to only designated staff necessary to carry out the stated purposes we have communicated to you.
7. Third-party policies
You may access third-party websites, tools, services, or products via a link on our website or through our tools. Please note that the privacy policies of these third parties are not under our control and may differ from ours. The use of any Data you provide to third parties will be governed by their privacy policy or your independent agreement with them. If you have any doubts about the privacy of the information you are providing to a third party, we recommend contacting them directly for more information or to review their privacy policy. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including those operating any offerings, sites, or other products and Services used in connection with the Services. Inclusion of a link does not imply endorsement by us or our affiliates.
8. Data retention
We will retain your Data for as long as necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain Data to prevent fraud or future abuse, for legitimate business purposes, such as analysis of De-Identified Data, account recovery, or as required by law. All retained information will remain subject to the terms of this Privacy Policy.
9. Amendment of this privacy policy
We retain the prerogative to modify this Privacy Policy at our discretion. Unless explicitly stated otherwise, the most recent version of this Privacy Policy governs all data in our possession regarding you and your account. We advise you to retain a printed copy of this Privacy Policy for your records and periodically review it to stay informed of any alterations. Your ongoing utilization of the Services implies your acknowledgment and acceptance of any revisions made.
If you have any questions or concerns about the Privacy Policy, please email us at support@hallo.ai.
