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Neekware Inc. Terms of Service

Last Updated: 2025-11-26

1. Introduction

Your use of our services, including the services we make available through our websites, mobile sites, desktop applications (including ehAye™ Engine), data files, and applications which link to these terms of service (the "Site") and to all software or services offered by us in connection with any of those (collectively, the "Services"), is governed by these terms of service (the "Terms"), so please carefully read them before using the Services. For the purposes of these Terms, "we," "our," and "us" refer to Neekware Inc., the providers and operators of the Services.

In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever applicable.

You must be 18 years of age or older, or the legal age in your jurisdiction to form a binding contract, whichever is greater, to use the Services.

You agree that your purchases and or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Neekware Inc. or any of its affiliates regarding future functionality or features.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.

2. Developer and Creator Tool

ehAye™ Engine is a developer and creator tool. The Services are designed for users with technical knowledge who understand the risks associated with software development tools. USE AT YOUR OWN RISK.

You acknowledge that:

  • The Services are provided as a development and creation tool
  • You are responsible for evaluating the suitability of the Services for your intended use
  • Results, outputs, and functionality may vary based on your configuration and use case
  • You must test all outputs and integrations before deploying to production environments

3. Accounts

You must register an account with us (a "Customer Account") in order to use the Services. You agree to provide accurate and complete information in the creation of your Customer Account and agree to update this information with any changes. Your Customer Account is for your personal or authorized organizational use only and you may not authorize unauthorized third parties to access your account.

You are responsible for ensuring that your access credentials are kept confidential and are not disclosed to any third party, and for all activity that occurs under your Customer Account. You agree to notify us immediately upon learning of any unauthorized access to your Customer Account or any other suspected security breach.

4. Data Collection and Privacy

We collect minimal personal data. Specifically:

  • Email address: Required for account login and authentication
  • Name and company name: If voluntarily provided, used only for receipts and invoices

We do not collect usage analytics, behavioral data, or telemetry beyond what is strictly necessary to provide the Services.

Payment processing providers may collect additional personal and technical data subject to their own privacy policies.

For complete details, please refer to our Privacy Policy.

5. User Content

You may upload, create, host, transmit, share, publish or display information through the Services, including data files, text, code, audio, images, and video ("User Content").

You are solely responsible for the development, content, and use of your User Content and assume all risks associated with it, including intellectual property or legal claims. You represent that you have all necessary rights to store, use, and, if applicable, publicize your User Content.

By submitting User Content through the Services, you grant Neekware Inc. a worldwide, royalty free, non exclusive license to reproduce, adapt, modify, publish, and display such User Content solely for the purpose of providing the Services.

We do not actively monitor User Content. However, our lack of monitoring does not limit our right to remove content upon notice or at our discretion. We may remove User Content or suspend accounts when we become aware of violations of these Terms or applicable law.

Deleted User Content may be irretrievable.

6. Music Content

ehAye™ Engine includes a music player feature with original background music tracks ("ehAye™ Music"). All ehAye™ Music is owned or licensed by Neekware Inc. under commercial terms permitting redistribution.

Permitted Use:

  • As background music while using the Services
  • During live broadcasts, streams, and recordings made using ehAye™ Engine
  • In content you create while using the Services

Restrictions:
You may not:

  • Claim ownership of ehAye™ Music on any platform
  • Register ehAye™ Music with Content ID or similar systems
  • Extract, redistribute, or sell ehAye™ Music as standalone audio
  • Sublicense or commercially exploit ehAye™ Music separately

7. Image and Video Manipulation

You are solely responsible for ensuring that all media you process does not infringe third party rights. You warrant that you own or have permission to use any media submitted.

You agree to indemnify and hold Neekware Inc. harmless from any claims arising from your use of infringing media.

8. Streaming Portal

ehAye™ Engine facilitates local technical connections to third party streaming platforms ("Stream Providers").

All streaming credentials are stored locally on your device and are not transmitted to Neekware Inc.

We are not responsible for:

  • Stream content
  • Provider actions
  • Monetization disputes
  • Copyright claims
  • Downtime or service interruptions

9. Proprietary Rights

All rights, title, and interest in the Services remain the exclusive property of Neekware Inc. and its licensors. Nothing in these Terms grants you ownership of any intellectual property associated with the Services.

10. License and Restrictions

Neekware Inc. grants you a personal, non transferable, non sublicensable, non exclusive license to use the Services.

Licensed, Not Sold. The Services and all associated software, including ehAye™ Engine, are licensed, not sold. No ownership rights are transferred to you. All rights not expressly granted remain with Neekware Inc.

AI Output and Automation Responsibility. The Services may generate code, scripts, commands, automations, or system level actions. Execution of any generated output occurs solely at your direction and risk. You are solely responsible for reviewing, testing, and validating all generated outputs prior to execution. Neekware Inc. is not responsible for file deletion, data corruption, system damage, security compromise, or business interruption caused by executed outputs.

You may not:

  • Reverse engineer, decompile, modify, or extract source code
  • Circumvent license enforcement or security mechanisms
  • Use automated scraping tools
  • Use the Services to directly clone or replicate the core functionality for competitive purposes
  • Provide access to third parties without authorization

11. Pricing

Services may be provided for free up to certain limits. Paid usage is governed by posted pricing.

Free Tier Scheduling and Throttling. Free tier or trial access, if offered, may be subject to priority limitations, concurrency limits, rate limits, scheduled availability windows, and feature or performance restrictions.

12. Right of Withdrawal (EU Customers)

By purchasing and accessing the Services, you expressly consent to immediate digital performance and acknowledge that you waive your right of withdrawal once performance begins.

13. Modification, Termination, and Account Deletion

Neekware Inc. may modify or discontinue the Services at any time.

You may terminate by cancelling your account. No refunds are issued. Neekware Inc. may terminate access at its discretion. You are responsible for exporting your data.

Account Deletion

You must cancel all active subscriptions through your dashboard before requesting account deletion. Account deletion is not available while a subscription is active.

Once a deletion request is confirmed:

  • Your account is scheduled for permanent deletion after 30 days
  • Your licenses remain active during the grace period

During the 30-day period:

  • You may restore your account by signing back in
  • No permanent data destruction occurs until the period expires

After 30 days:

  • Your account is permanently deleted
  • All access is permanently terminated
  • All data and licenses are irreversibly removed
  • Receipts and records cannot be recovered

You are solely responsible for downloading any receipts or records before the deletion deadline.

An active account is required to operate any license.

14. Beta Services

Beta Services are provided "as is" without guarantee of reliability, stability, or data preservation.

15. Changes to Terms

Continued use after updates constitutes acceptance of revised Terms.

16. Disclaimer of Warranty

Services are provided "as is" and "as available" without warranties of any kind.

17. Limitation of Liability

Neekware Inc. is not liable for indirect, incidental, special, or consequential damages. Total liability is capped at the greater of $100 or the amount paid in the previous 12 months.

18. Indemnification

You agree to indemnify and hold harmless Neekware Inc. from all third party claims arising from your use of the Services.

19. Copyright Policy (DMCA)

Copyright claims must be sent to legal@neekware.com in compliance with the DMCA notice requirements.

20. Third Party Content

Neekware Inc. is not responsible for third party content accessed through the Services.

21. Third Party Software

Third party components are subject to their own licenses.

22. Feedback

All feedback may be used by Neekware Inc. without compensation or obligation.

23. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Exclusive jurisdiction and venue shall reside in the courts located in Waterloo, Ontario, Canada.

The English version of this document is the only legally binding version. Any translations may be AI-generated, may contain inaccuracies, and are provided solely for convenience.

24. Miscellaneous

These Terms constitute the entire agreement. If any provision is unenforceable, the remaining provisions shall remain in full force.

25. Contact Information

Neekware Inc.
133 Weber St. N. Suite 3-204
Waterloo, ON N2J 3G9, Canada

Email: legal@neekware.com