HEKA AI Terms of Service

Did you know reading the Terms of Service won’t burn calories—but it will make your HEKA AI experience safer and smarter?

OK, maybe it’s not cardio—but it’s still important. Our mission is to help you on your personal well-being journey with a reliable and transparent platform. So please take a few minutes to carefully review these Terms of Service.

The HEKA AI website (“Website”), mobile applications (“App(s)”), and related services (collectively, the “Services”) are provided to you (“you” or “your”) by Astronex Joint Stock Company (“HEKA AI”, “we”, “our”, or “us”). These Terms of Service (“Terms”), together with our Privacy Policy and Community Guidelines (collectively, the “HEKA AI Terms”), govern your access to and use of the Services.

By accessing or using our Services, creating an account, or otherwise indicating your acceptance, you agree to be bound by the HEKA AI Terms. If you do not agree with any part of these Terms, please do not use our Services.

IMPORTANT NOTICE:

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 12. THIS MAY AFFECT YOUR LEGAL RIGHTS—PLEASE REVIEW CAREFULLY.

You agree that this agreement between you and Astronex has the same legal force as a written contract signed by hand. You also represent and warrant that you have the full legal authority and capacity to enter into these Terms and to fulfill your obligations under them.

These Terms were originally written in English. In the event of any conflict between a translated version and the English version, the English version will govern.

Quick Links to Some Important Legal Things

Who can use HEKA AI?

Our Services are intended only for users aged 18 and older. If you’re under 18, please wait until you’re officially an adult before joining us. Your health journey can wait, but legal compliance can’t.

Who owns what?

We own all the content, features, and intellectual property that make HEKA AI work. You, of course, own anything you contribute—like your nutrition logs, fitness data, and journal entries. But by using our Services, you grant us the rights we need to operate, display, and improve the Services.

What if I subscribe to Premium?

First, welcome to more advanced features and tools! Second, when you sign up for a Premium subscription, you agree to provide a valid payment method and will be billed automatically at the beginning of each subscription cycle. Your plan renews automatically unless you cancel before the current billing period ends.

Is this medical advice?

Absolutely not. While we provide powerful insights and suggestions, HEKA AI is not a substitute for professional medical advice, diagnosis, or treatment. Please consult your healthcare provider before making any health decisions based on app content.

Can I scrape or steal your data?

Nope. Please don’t attempt to copy, scrape, reverse engineer, or misuse our content or systems. It’s not just uncool—it’s illegal. Let’s keep things honest and respectful.

1. Registration, Accounts, and Services

Who Can Use the Services

To use HEKA AI, you must be at least 18 years old.

Our Services are not designed for or intended to be accessed by anyone under 18. We implement technical safeguards to help ensure individuals under 18 are unable to create accounts or otherwise use our Services. If we learn that someone under 18 has registered or shared personal information with us, we will investigate and take appropriate steps to delete the data and account.

By using HEKA AI, you represent and warrant that:

• You are at least 18 years of age;
• You have checked that using HEKA AI is permitted in your local jurisdiction;
• Your use of the Services will comply with all applicable laws, rules, and regulations;
• The information you provide during registration and throughout your use of the Services is truthful, accurate, and complete to the best of your knowledge.

Your Account

To access most features of HEKA AI, you’ll need to create an account.

When registering, you agree to:

• Provide accurate and complete information;
• Keep your account information up to date;
• Maintain only one personal account, which you will not share with others.

You’re responsible for keeping your login credentials secure. Any activity under your account will be assumed to be by you. If you suspect unauthorized use of your account, or if your password has been lost, stolen, or compromised, please contact our Support Team immediately.

You may delete your account at any time. Please note: account deletions are typically permanent and cannot be undone.

Changes to the Services

We may update or change HEKA AI periodically to improve the experience or address technical issues. These changes may include:

• Automatic updates that enhance functionality or fix bugs;
• Adding or removing features, content, or tools;
• Updating requirements for supported devices or systems;
• Adjusting service pricing, if applicable.

We may also limit, restrict, or discontinue certain features or Services without notice. Not all Services are available in all regions or jurisdictions.

Some features (such as integrations with third-party tools, devices, or services like grocery apps or fitness trackers) depend on third parties. If a third party stops offering their service or ends their integration with us, that part of HEKA AI may no longer work. We’re not responsible for any changes made by third parties or any impact those changes may have on our Services.

Changes to Terms

Astronex reserves the right to update or modify these Terms of Service (“Terms”) at any time and for any reason, in our sole discretion.

If we make material changes, we will provide advance notice—such as through an in-app message, email, or notice on our website—so you have an opportunity to review the updates.

By continuing to access or use HEKA AI after we’ve provided notice of a change, you are agreeing to the updated Terms. If you do not agree to the modified Terms, your sole option is to discontinue use of the Services and delete your account.

3. Ownership and Use of Content

Content Defined

“Content” refers to all materials and content made available through the Services, including but not limited to images, designs, graphics, text, information, data, nutritional data, recipes, meal plans, lists, software, scripts, and all arrangement or organization thereof.

• “User-Generated Content” means any Content that you or other users provide through the Services—whether shared publicly or privately.
• “HEKA AI Content” means all Content that is not User-Generated Content, and is created or provided by Astronex or its licensors.

All HEKA AI Content, including all intellectual property rights therein (such as copyrights, trademarks, design rights, patents, and trade secrets), whether registered or unregistered, are the sole property of Astronex or its licensors. Unauthorized use of any such rights is strictly prohibited.

Except as expressly stated in these Terms, no rights are granted to you—either by implication, estoppel, or otherwise—under any intellectual property rights held by Astronex or its licensors. All rights not expressly granted are reserved. ALL RIGHTS RESERVED.

Our License to You

Subject to your compliance with these Terms, Astronex grants you a limited, revocable, personal, non-transferable, and non-exclusive license to access and use the Services and HEKA AI Content for your own personal, non-commercial purposes.

You may not copy, modify, distribute, reverse engineer, create derivative works of, sublicense, sell, assign, or commercially exploit any part of the Services or HEKA AI Content without our express written consent.

If any open-source or third-party code is included in the Services, your use of such components is governed by the relevant open-source or third-party license, where applicable.

Your License to Us

By submitting or making available any User-Generated Content through the Services, you grant Astronex and other users a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable, and sublicensable license to use, host, store, display (publicly or otherwise), reproduce, adapt, publish, translate, distribute, perform (publicly or otherwise), modify, and create derivative works from such content, in any format or media now known or developed in the future.

You understand and agree that:

• We may arrange or display your User-Generated Content in any manner we choose.
• We are under no obligation to credit you or provide compensation for the use of your content.
• Once posted, your User-Generated Content may still be visible and accessible even after deletion, including by other users who may have stored or shared it.

That said, we will not use your User-Generated Content in any way that contradicts our Privacy Policy.

Content Moderation & Rights

Astronex reserves the right but not the obligation to monitor, edit, delete, reorganize, or restrict access to User-Generated Content, at any time and for any reason, including content that violates these Terms or any applicable policies or guidelines.

We may also archive or store User-Generated Content as we see fit.

Respect for Intellectual Property

You agree to respect the rights of others. By submitting User-Generated Content, you represent and warrant that:

• You are the original creator or have obtained all necessary rights, licenses, and permissions to submit that content.
• Your content does not infringe on the intellectual property, privacy, publicity, or other legal rights of any third party.

Feedback

We welcome feedback, comments, suggestions, and ideas to improve HEKA AI. Any such submissions (“Feedback”) are treated as User-Generated Content and subject to the terms above. You acknowledge that we may use your Feedback without any obligation to compensate you.

3. Premium Services

Overview of Premium Services

We offer certain premium versions of the Services (for example, Premium Subscriptions, Premium+ Subscriptions, and any other premium offerings we may introduce from time to time) (collectively, the “Premium Services”), each provided for a fee. Premium Services give you access to enhanced content, advanced features, and additional functionality. We reserve the right to change the structure or features of any Premium Service at any time (see Section 1: “Registration, Accounts, and Services”). Note that even Premium Services that remove ads may still display limited commercial content, such as sponsored product recommendations.

Signing Up for Premium Services

By subscribing to and using a Premium Service, you agree to pay all applicable fees, including ongoing subscription fees. To enroll, you must provide valid payment information (“Payment Method”), such as a credit or debit card, or via a third-party platform (for example, the Apple App Store or Google Play) that supports in-app purchases. You expressly authorize Astronex and certain third-party service providers to receive, store, and encrypt your payment information.

You may choose to pay for Premium Services on a monthly or annual basis. Unless otherwise stated, all fees for Premium Services will be billed automatically to your designated Payment Method at the start of each billing cycle. All purchases of Premium Services are final and non-refundable, except at our sole discretion. Please note that our ability to offer refunds may be limited by App Providers (defined below) or other third parties.

If you reside outside of the Vietnam, you may have the right to change your mind and receive a full refund within fourteen (14) days of signing up for a Premium Service.

Auto-Renewal

Subscription fees for Premium Services will be billed automatically at the beginning of each monthly or annual subscription period, as applicable. Your subscription will auto-renew unless you cancel before the end of the current billing period.

Cancellation of Premium Services

• Website Subscriptions: If you subscribed through our website (for example, at https://www.hekai.ai), you can cancel your Premium subscription in the “Settings” or “Account” section of your HEKA AI profile.
• App Store/Google Play Subscriptions: If you subscribed via the Apple App Store or Google Play (collectively, “App Providers”), you must cancel your subscription through the relevant App Provider’s subscription management tools.

When you cancel or downgrade a subscription, it will remain active through the end of the current billing period. For example, if you subscribed on an annual plan and cancel halfway through the year, you will retain Premium access until the anniversary of your original purchase date. After that date, your account will revert to the free tier. Deleting the HEKA AI app from your device does not automatically cancel your subscription—you must cancel directly with the App Provider where you originally subscribed. Likewise, deleting your HEKA AI account does not guarantee cancellation of any ongoing subscription; you must cancel your subscription first.

Free Trials and Test Periods

We may offer free trials of select Premium Services (“Free Trial”), allowing you to access those Premium features for a limited period at no charge. To begin a Free Trial, you may be required to provide your Payment Method up front. You will not be charged until the Free Trial period ends.

• If you do not cancel your Free Trial before it expires, you will be automatically billed for the applicable Premium Service at the end of the trial period using the Payment Method you provided.
• If you cancel during the Free Trial and receive confirmation of cancellation, you cannot resume or restart the same Free Trial.
• You may not sign up for more than one Free Trial of a given Premium Service at the same time.

In some cases, we may offer short-term test periods for specific features of Premium Services at no charge. We are not obligated to continue providing access to those test features beyond the test period if you choose not to subscribe to the associated Premium Service.

Discount, Coupon, or Gift Codes

All discounts, gift codes, and coupon codes (“Codes”) must be applied when you initially subscribe to a Premium Service and cannot be applied to accounts that already have an active Premium subscription. Codes cannot be combined with other promotions, exchanged for cash, credited toward existing balances, or transferred. You may be required to provide a valid Payment Method in order to redeem a Code.

It is your responsibility to use any Code before it expires; expired Codes cannot be extended or refunded. You are also responsible for canceling any Premium Service before a free or discounted period ends if you do not wish to continue at the full price. Each Code’s specific terms—such as restrictions on eligibility, usage limits, and expiration dates—apply in addition to these Terms. Astronex reserves the right to revoke any Code or discount promotion at any time without prior notice.

Termination of Premium Services

If you fail to pay any applicable fees or charges associated with your use of the Premium Services, we reserve the right to suspend, disable, or terminate your access to such Premium Services. While we may make reasonable efforts to notify you and help resolve the payment issue, we are under no obligation to do so and may proceed with termination without notice.

Termination of Premium Services may result in the loss of access to certain features, functionality, or content that is exclusive to Premium subscribers. We are not liable for any loss or inconvenience caused by the termination of your access due to non-payment.

Price Changes

To the fullest extent permitted by applicable law, Astronex reserves the right to change the pricing of any Premium Services at any time. If we do change prices, we will provide you with reasonable advance notice by email, through the app, or via another communication method.

If you do not wish to accept a price change, you may cancel the applicable Premium Service before the new pricing takes effect. If you do not cancel before the start of your next billing cycle, the new price will be charged to your Payment Method, and by continuing to use the Services, you will be deemed to have accepted the revised pricing.

Pricing Errors

While we strive to provide accurate and up-to-date pricing information, errors may occasionally occur. We reserve the right to correct any such errors related to pricing, promotions, discounts, offers, availability, taxes, or shipping costs at any time—even after a purchase has been submitted.

If a pricing error affects your purchase or subscription, we will notify you of the correction. We may cancel your subscription or order if we are unable to process the corrected charge or if required by law.

4. Health and Safety

Informational Use Only – Not Medical Advice

HEKA AI provides health, wellness, and weight management information for general informational purposes only. We are not a licensed medical provider, and the Services we offer—while guided by best practices and designed to support wellness—do not constitute medical advice, diagnosis, or treatment.

You should always consult a qualified physician or medical professional before:

• Beginning any new dietary, nutrition, exercise, or wellness program.
• Making changes to medication or medical treatments.
• Relying on any guidance or content from HEKA AI that might conflict with your doctor’s advice.

If you are currently under medical care, following a therapeutic diet, taking prescription medication, or have a known condition, speak to your physician before using our Services. Never disregard or delay seeking medical advice because of any content or suggestions provided by HEKA AI.

Your use of the Services does not create a doctor-patient relationship.

Assumption of Risk

Wellness and fitness activities—including diet tracking, exercise, or physical challenges—involve inherent and significant risks, including personal injury, illness, or death. By using our Services, you voluntarily assume all known and unknown risks associated with such activities and waive any claims against Astronex or its partners.

Food Allergies

Certain features of our Premium Services may provide personalized meal suggestions. However:

• We cannot guarantee full accuracy in allergen information.
• Our Services may not reflect all ingredients, food preparations, or cross-contamination risks.

You are solely responsible for verifying the safety of any food products you consume, particularly if you have food allergies or medical dietary restrictions.

Healthy Weight Loss Only

HEKA AI supports users in building sustainable, long-term healthy habits. We do not condone or promote dangerously low levels of food intake, disordered eating behaviors, or unsafe weight loss goals. Our Community Guidelines strictly prohibit using HEKA AI to:

• Promote eating disorders.
• Encourage unhealthy or extreme dietary practices.
• Misrepresent healthy behaviors.

If you feel our Services may not support your well-being, please consider seeking alternative tools or professional care.

Content Accuracy and Disclaimers

We strive to provide reliable, science-backed guidance. However:

• We make no guarantees regarding the accuracy, completeness, or reliability of any Content, including nutritional data or fitness recommendations.
• Our food database may include entries submitted by other users, which may not be reviewed or verified.
• User-Generated Content (e.g., exercise logs, recipes, or posts in forums) is the sole responsibility of the user who submitted it, and we are not liable for inaccuracies or harm resulting from its use.

We expressly disclaim all liability related to food safety, allergens, or medication interactions.

Use of AI and Automated Technologie

Some parts of our Services may be powered by artificial intelligence (AI) or machine learning systems, including third-party large language models.

You acknowledge and understand that:

• AI-generated output may contain inaccurate, misleading, or biased information.
• We do not guarantee the correctness, reliability, or appropriateness of content created or enhanced using such technology.
• Use of AI-driven features is at your own risk, and should not be used for making critical medical, health, or safety decisions.

5. Restrictions

To maintain the integrity, security, and intended use of the HEKA AI Services, you agree to use them only for lawful, authorized purposes. The following uses are strictly prohibited:

No Derivative Works

Unless explicitly authorized by Astronex or permitted under applicable law, you may not:

• Modify, adapt, alter, translate, or create derivative works based on any part of the Services or HEKA AI Content.
• Rent, lease, loan, sell, sublicense, distribute, or exploit the Services or Content.
• Download, copy, store, or otherwise reproduce any HEKA AI Content unless explicitly permitted by the functionality of the Service.

No Unauthorized Commercial Use

The HEKA AI Services are designed for personal, non-commercial use only, unless otherwise approved in writing by Astronex. You may not:

• Use any Content, user data, or platform features for commercial purposes, including advertising, resale, or profit generation.
• Leverage the platform to drive traffic to commercial sites, promote third-party products, or conduct any activities that generate revenue.
• Conduct competitive research or product development using our data or Services.

If you are interested in commercial use, such as partnerships or integrations, please contact us to discuss a separate agreement.

No Disruption or Misuse

You agree not to interfere with the normal operation of HEKA AI. Prohibited activities include:

• Performing or attempting to perform unauthorized access, network attacks, DDoS attempts, or data exploitation.
• Engaging in any activity that restricts or inhibits others from using the Services.
• Imposing an unreasonable load on our servers, systems, or infrastructure.

No Scraping or Automated Access

Automated scraping, data extraction, or content harvesting is strictly prohibited. This includes using:

• Bots, spiders, crawlers, scrapers, indexers, or any other automated tools to access or monitor HEKA AI.
• Tools or techniques that bypass security features like CAPTCHA, authentication gates, or IP blocks.

You may not harvest or store personal data about other users without their express consent, including but not limited to names, health data, and email addresses.

No Viruses or Harmful Code

You must not post, upload, or transmit any code or files containing:

• Viruses, malware, worms, Trojan horses, spyware, ransomware, adware, or other malicious programs.
• Any code intended to damage, intercept, or interfere with the Services, users, or data.

Uploading or distributing such content may lead to immediate suspension of your account and potential legal consequences.

6. Third Parties

Third-Party Services

The HEKA AI Services may contain links to or integrate with third-party platforms, applications, tools, or services (“Third-Party Services”). If you access or use any Third-Party Services, please be aware that they are governed by their own terms of service and privacy policies—not ours.

We are not responsible for the accuracy, availability, security, or reliability of any content, data, opinions, services, goods, or statements provided by Third-Party Services. Your access to and use of such services is entirely at your own risk.

Social Networking Services

You may choose to log in to HEKA AI through social media platforms or other online services (e.g., Facebook, Google) (“Social Networking Services”). If you use these options, we may request you to authenticate or authorize us to access certain information from your Social Networking Services account.

Once authorized, we may receive access to your basic profile information—such as your name, email, profile picture, and friend list—depending on the permissions granted. We will use, store, and disclose this information in line with our Privacy Policy.

Third-Party Products, Devices, and Integrations

Some aspects of the HEKA AI Services may involve or connect with:

• Fitness trackers and health wearables
• Meal delivery or grocery services
• Gym memberships or wellness programs
• Mobile applications or connected devices

If you choose to use these integrations, you may be prompted to log in to those Third-Party Services and sync your accounts. Your use of these services is entirely voluntary and at your discretion. Astronex is not responsible for any third-party purchases, product claims, or service reliability.

Mobile Services

To use the HEKA AI app, you will need a supported mobile device and internet access. We do not guarantee compatibility with all devices or operating systems. Standard messaging, data, and carrier fees may apply. You are solely responsible for any charges incurred by your wireless provider.

App Providers

Our mobile app may be available for download through third-party platforms such as the Apple App Store or Google Play Store (each an “App Provider”).

These Terms are an agreement between you and Astronex JSC, not the App Provider. As between Astronex and any App Provider:

• Astronex is solely responsible for the HEKA AI app;
• You must comply with any App Provider terms and usage rules;
• App Providers are not responsible for any maintenance, support, warranty, or claims related to the HEKA AI app;
• App Providers (and their subsidiaries) are third-party beneficiaries to these Terms and may enforce their rights as applicable.

7. Digital Millennium Copyright Act (DMCA)

If you believe that any content made available through the HEKA AI platform — including User-Generated Content or HEKA AI Content — infringes your copyright or other intellectual property rights under Vietnamese law or other applicable regulations, please notify us promptly. We will review and handle legitimate claims of infringement in accordance with the applicable provisions of Vietnamese intellectual property law.

To file a DMCA-compliant takedown request, your written notice must include all of the following:

• Identification of the copyrighted work that you claim has been infringed. If multiple works are involved, you may provide a representative list.
• Identification of the infringing material, including specific URL(s) or sufficient detail to locate it on our platform.
• Your contact information, including your full name, mailing address, telephone number, and email address.
• A good-faith statement that you believe the use of the content in question is not authorized by the copyright or trademark owner, their agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright or trademark owner (or are authorized to act on behalf of the owner).
• Your physical or electronic signature.

Please send all DMCA notices to:

Astronex JSC (HEKA AI)
Attn: DMCA Requests
Email: aso.astronex@gmail.com

Important Notes:

• We may forward your notice — including your name and email — to the user who uploaded the allegedly infringing content.
• If you fail to include all the required elements listed above, your DMCA notice may not be legally valid.
• Knowingly submitting a false claim under the DMCA may subject you to legal liability under Section 512(f) of the DMCA.

For more information about copyright and trademark law, visit:

• www.copyright.gov
• www.uspto.gov/trademark

8. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, HEKA AI AND ASTRONEX EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND — WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE — INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUALITY, VALIDITY, AND NON-INFRINGEMENT.

All Services and content provided via HEKA AI are offered strictly “AS IS” and “AS AVAILABLE” without warranty of any kind.

Some jurisdictions do not allow the exclusion or limitation of certain warranties, so the above limitations may not fully apply to you. In such cases, any implied warranties required by law will be limited to the shortest duration and narrowest scope permitted under applicable law.

Specifically, HEKA AI does not warrant that:

• The Services will meet your personal expectations or deliver specific outcomes;
• The Services will operate without interruption, delays, viruses, security flaws, or errors;
• Any detected issues will be corrected;
• The content (including User-Generated Content) is accurate, current, or reliable.

To the fullest extent permitted by law, HEKA AI makes no representations or warranties regarding the quality, completeness, timeliness, reliability, or availability of the Services or any Content.

No advice or information — whether oral or written — obtained through the Services or from our team shall create any warranty unless explicitly stated in these Terms.

You acknowledge and agree that:

• You are using HEKA AI at your own risk.
• You assume full responsibility for your use of the Services.
• Any material downloaded or accessed through the Services is done at your discretion, and you are solely responsible for any resulting damage to your devices or loss of data.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEKA AI, ASTRONEX, OR THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

• (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
• (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• (C) DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF — OR INABILITY TO ACCESS OR USE — THE SERVICES;
• (D) DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER, INCLUDING DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT;
• (E) DAMAGES RELATED TO THIRD PARTY CONTENT, SERVICES, OR LINKS ACCESSED THROUGH HEKA AI.

This limitation applies regardless of the legal theory, whether based on warranty, contract, tort, negligence, strict liability, or otherwise, even if ASTRONEX or HEKA AI has been advised of the possibility of such damages, and even if any remedy fails of its essential purpose.

Total liability to you for any claims under these Terms shall be limited to the greater of USD $500 or the total amount you paid to us for the Services in the past twelve (12) months.

Certain jurisdictions do not allow limitations of liability or exclusions of certain damages, so some of the above may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

You agree that the disclaimers and limitations of liability herein represent a reasonable allocation of risk and form an essential basis of the bargain between you and Astronex. Without these limitations, we could not offer the Services at the current price or possibly at all.

10. Indemnification

To the maximum extent allowed by law, you agree to defend, indemnify, and hold harmless Astronex, HEKA AI, and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any and all claims, demands, damages, liabilities, losses, costs, or expenses (including attorneys’ fees and accounting costs) arising out of or relating to:

• (a) any User-Generated Content you post or share through the Services,
• (b) your use or misuse of the Services,
• (c) your violation of these Terms,
• (d) your violation of any third party’s rights, including intellectual property, privacy, or proprietary rights.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense and not to settle any such matter without our prior written consent.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.

11. Governing Law

These Terms of Service — and any dispute arising from or relating to them — shall be governed by and construed in accordance with the laws , without regard to any conflict of laws principles.

12. Dispute Resolution

PLEASE READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT CONTAINS A MANDATORY BINDING ARBITRATION CLAUSE, A WAIVER OF CLASS ACTION RIGHTS, A WAIVER OF JURY TRIAL, AND A CONTRACTUAL LIMITATIONS PERIOD.

You and Astronex (HEKA AI) (“we,” “our,” or “us”) acknowledge that the purpose of this Section 12 is to reduce the costs and complexities associated with resolving disputes. This section is not intended to delay justice or to reduce your lawful rights under applicable laws.

Scope of Application

This Dispute Resolution section applies to any legal or equitable claim, controversy, or dispute (“Dispute”) between you and Astronex arising out of or related to:

• These Terms of Service or any related agreement;
• The HEKA AI website, app, products, or services;
• Your access to or use of our Services;
• Any purchases, subscriptions, communications, advertising, marketing, privacy, or data-related activities.

This includes Disputes that:

• Arose before these or any prior Terms;
• Could be part of existing class action litigation in which you may otherwise be a putative class member;
• Arise after the termination of your relationship with Astronex or your use of the Services.

Exceptions

This Dispute Resolution section does not apply in the following limited circumstances:

• Either party may seek interim relief in a court of competent jurisdiction (e.g., a temporary restraining order or preliminary injunction) where necessary to protect intellectual property rights or confidential information.
• You or Astronex may initiate an action in small claims court, provided the claim qualifies and is brought individually (not as part of a class or consolidated action). The small claims process may only be initiated through direct filing — arbitrated claims cannot later be redirected to small claims court.

Mandatory Informal Dispute Resolution for All Disputes

THIS ENTIRE DISPUTE RESOLUTION SECTION SHALL SURVIVE the termination of these Terms, your relationship with Astronex (HEKA AI), and your use of the Services.

Before initiating arbitration or a legal claim, both you and Astronex agree to attempt to resolve any Dispute informally, in good faith. This process is designed to allow both parties to resolve disagreements more quickly and at a lower cost. The parties agree to engage in these discussions for a minimum of sixty (60) days before pursuing formal action. This process is referred to as the “Informal Dispute Resolution Process.”

How to Initiate Informal Dispute Resolution

To begin the Informal Dispute Resolution Process, either party must send the other a written Notice of Dispute (“Notice”) that clearly outlines:

• The facts and basis of the Dispute;
• The specific relief being sought; and
• Any supporting documentation.

You must send your Notice by certified or registered mail (with proof of delivery) to:

Astronex, Inc.
ATTN: Legal Department
Email: aso.astronex@gmail.com

We will send any Notice to you at the last billing or mailing address you provided, or your primary email address on file.

Tolling and Participation

The statute of limitations and any filing deadlines shall be tolled during the Informal Dispute Resolution Process.

If Astronex requests a telephone conference to help resolve the Dispute, you agree to participate personally (and with counsel if you’re represented).

Condition Precedent to Arbitration or Legal Action

Completion of the 60-day Informal Dispute Resolution Process is a mandatory condition before either party can:

• File a demand for arbitration (see “Arbitration Agreement” below), or
• Initiate a lawsuit (if the arbitration provision does not apply).

If either party initiates arbitration or court proceedings before this process is completed, such action will be considered premature and procedurally improper, and may be subject to dismissal at the initiating party’s cost.

Class Action Waiver; Jury Trial Waiver

YOU AND ASTRONEX AGREE that any and all Dispute resolution proceedings will be conducted only on an individual basis, and not as part of any class, consolidated, collective, or representative action, including joint lawsuits or joint arbitration of any kind.

You also agree that:

• You will not serve as a class representative or join as a class member in any purported class action brought against Astronex.
• Any claim you bring must be made only on your own behalf, and any relief you seek will be limited to what is necessary for you individually.

To the fullest extent permitted by law, you and Astronex further acknowledge and agree that:

• You are waiving the right to a jury trial; and
• You are waiving the right to litigate in state or federal courts of general jurisdiction.

These terms together constitute the “Class Action Waiver.”

Arbitration Agreement

You and Astronex agree that ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, rather than in court. This requirement, along with the provisions below, is referred to as the “Arbitration Agreement.”

To the fullest extent permitted by applicable law, any Dispute (as defined above) will be resolved in accordance with the Law on Commercial Arbitration of Vietnam, which governs both the interpretation and enforcement of this Arbitration Agreement.

By agreeing to arbitration, neither party waives any statutory or common law rights or remedies that would otherwise be available in court.

Arbitration Rules and Authority

Any Dispute will be resolved through arbitration in accordance with the nature and location of the Parties involved.

1. Domestic Disputes

If the Dispute arises entirely within Vietnam, it shall be governed by the Law on Commercial Arbitration of Vietnam (2010) and resolved by arbitration administered by the Vietnam International Arbitration Centre (VIAC) or another arbitration body mutually agreed upon by the Parties. The arbitration shall be conducted in accordance with the rules of the selected institution effective at the time of filing.

More information about VIAC is available at: www.viac.org.vn

2. Disputes Involving Foreign Elements

If the Dispute involves a foreign individual, entity, or occurs outside the territory of Vietnam, the Parties may elect to resolve the Dispute through international arbitration. The arbitration shall be administered by an internationally recognized institution such as:

• The International Chamber of Commerce (ICC) in accordance with its Rules of Arbitration;
• The Singapore International Arbitration Centre (SIAC) under the SIAC Rules; or
• Another arbitration institution mutually agreed upon by the Parties.

The seat of arbitration, applicable rules, and language shall be agreed upon by the Parties or determined by the arbitration institution if the Parties cannot reach consensus.

Arbitrator’s Authority

In both domestic and international arbitration, the arbitrator shall have exclusive authority to resolve any Dispute relating to:

• The interpretation, applicability, enforceability, or formation of these Terms;
• The arbitrability of any claim;
• Whether any provision is void, voidable, or unenforceable.

All matters of arbitration procedure—such as filing fees, hearing location, arbitrator selection, information exchange, and form of award—shall be determined in accordance with the applicable arbitration rules. The arbitrator shall issue a reasoned written award.

Opt-Out of Small Claims Option

You and Astronex opt out of Rule 9 of the AAA Consumer Arbitration Rules (Small Claims Option) and waive the right to remove any Dispute to small claims court after arbitration has been initiated.

Confidentiality

Any confidential information disclosed during arbitration—whether written or oral—shall only be used in connection with the arbitration itself or any legal proceeding to enforce or vacate the award. If such information must be filed in court, it must be filed under seal to the extent legally permitted.

Special Procedures for Mass Filings

To the extent any arbitration qualifies as a Mass Arbitration under the American Arbitration Association (AAA)’s Mass Arbitration Supplementary Rules (effective January 15, 2024, and as amended thereafter), both you and Astronex (the “Parties”) agree to be bound by those procedures in addition to the terms outlined below, unless mutually agreed otherwise in writing.

Staged Arbitration Process

As part of a staged resolution process, the Parties shall each select 15 Disputes per side (a total of 30 Disputes) to proceed individually through arbitration in the first stage. Each of these selected Disputes will be assigned to a different, individual arbitrator, unless otherwise agreed in writing.

• No other Disputes shall be filed (or deemed filed) for arbitration unless and until they are selected to proceed as part of a later stage.
• Arbitration fees shall not be assessed for any Disputes that have not yet been selected.

Tolling of Deadlines

All applicable deadlines—such as statutes of limitations or filing fee requirements—will be tolled (paused) starting from the initiation of the Informal Dispute Resolution Process, provided that the pre-arbitration Notice is valid and complete under these Terms. The tolling shall remain in effect until the Dispute is either:

• Chosen for arbitration under this staged process;
• Settled, withdrawn, or otherwise resolved;
• Or opted out of arbitration entirely.

Global Mediation and Continuation

Once the first batch of 30 arbitrations is completed:

• The Parties shall participate in global mediation for all remaining unresolved Disputes.
• The mediation will be facilitated by a retired federal or state court judge, and Astronex will pay the mediator’s fee.

If mediation does not result in resolution:

• The Parties will repeat the process by initiating up to 30 new arbitrations per round (15 Disputes per side) until all claims are addressed by settlement or arbitration.

Option to Opt Out of Arbitration for Large Mass Filings

If a Mass Arbitration involves more than 300 total Disputes, either Party may opt out of arbitration and elect to proceed in court instead for all remaining Disputes in the Mass Arbitration.

Enforcement

A court of competent jurisdiction will have the authority to:

• Enforce this entire Dispute Resolution section;
• Enjoin mass arbitration filings that do not follow this staged process;
• Prevent improper fee assessments or administrative overload.

If any portion of these Special Procedures for Mass Filings is found to be unenforceable, your Dispute may instead be heard in a court of competent jurisdiction, consistent with the rest of the HEKA Terms of Service.

2. Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT ACTION IS PERMANENTLY BARRED.

A Dispute is considered commenced when a written Notice is sent under the Informal Dispute Resolution process described above. If a Dispute is filed in arbitration or court without first providing such notice, the Dispute is deemed to have commenced at the time of filing.

Opt-Out of Arbitration

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS FROM THE EARLIER OF:

1. The date you first accept these Terms, or
2. The date you first agreed to any terms with Astronex that included an arbitration provision.

To opt out, you must send an email to: aso.astronex@gmail.com and state that you wish to opt out of the Arbitration Agreement. The email must include your full name, address, phone number, and email address, and must be postmarked or timestamped by the applicable deadline.

This is the only way to opt out. Failure to follow this process renders your opt-out invalid. If you opt out of the arbitration agreement, all other parts of the Terms will still apply.

Severability and Waiver

If any part of these Terms (including the arbitration or class action waiver) is found unenforceable, the rest will remain in full force and effect. However, if the Class Action Waiver is found unenforceable in an arbitration, the Arbitration Agreement will not apply, and the Dispute must be resolved in a court, subject to the jurisdiction of the applicable state or federal court.

If a Dispute proceeds in court for any reason:

1. You and Astronex waive the right to a jury trial, and
2. You agree not to participate in any class, collective, or representative action.

13. International Terms

If you are accessing our Services from outside the Vietnam:

• You agree to the transfer and processing of your data, including personal and User-Generated Content, in the Vietnam and possibly other countries, subject to our [Privacy Policy].
• You warrant that you are not located in a country subject to a Vietnam. embargo or on a Vietnam restricted party list.
• You agree to comply with all local laws applicable to your use of our Services.

The Services are not intended for use or distribution where such use would violate local laws or regulations.

14. Survival

The termination of these Terms or your relationship with HEKA AI shall not affect rights and obligations that are intended to survive, including but not limited to:

• Section 2 (Ownership and Use of Content)
• Section 4 (Health and Safety)
• Section 5 (Restrictions)
• Section 8 (No Warranties)
• Section 9 (Limitation of Liability)
• Section 10 (Indemnification)
• Section 11 (Governing Law)
• Section 12 (Dispute Resolution)
• Section 14 (Survival)
• Section 15 (Miscellaneous)

15. Miscellaneous

These Terms of Service, including our [Privacy Policy], constitute the entire agreement between you and Astronex regarding your use of the HEKA AI Services.

• You may not assign your rights or obligations without our written consent.
• We may assign our rights or use third-party providers at our discretion.
• Our failure to enforce any right or provision shall not constitute a waiver.

All notices to you may be sent via:

• Email,
• Regular mail, or
• Posted links within the App.

You are responsible for maintaining up-to-date contact information and checking your spam/junk folders.

Any section headings used are for convenience only.

16. Contact Us

If you have any questions, comments, or feedback about these Terms or our Services, please contact us at:

Astronex

Attn: HEKA AI Terms of Service

Email: aso.astronex@gmail.com

Include your full name, email address, and message.