HeyEVA Privacy Policy

Effective as of May 15, 2025

This Privacy Policy ("Policy") applies to HeyEVA, and HeyEVA ("Company") and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the company include www.heyeva.ai, the HeyEVA mobile application, and any direct support provided by a representative or agent of HeyEVA. The Company's application is an AI powered, multi-function virtual assistant designed to support less tech-savvy users operate certain devices, including the device operating system, certain native or bundled apps, and certain third party applications. By using the Company application, you consent to the data practices described in this statement.

HeyEVA and this Privacy Policy comply with the Texas Data Privacy and Security Act and the FTC Trade Commission Act.

1. Information We Collect

When you use the HeyEVA application, we collect the following types of information to improve performance, ensure functionality, and enhance the user experience:

a. Account Information

In order to better provide you with products and services offered, the Company may collect personally identifiable information, such as your:

  • Full Name
  • Age
  • Email Address
  • Password (encrypted)

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. Through the normal course of operating HeyEVA software, this includes registering a user account and logging in. Other personally identifying information may be captured if you email a representative or employee of HeyEVA exclusively for the purpose of responding to the comments or request in your communication. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

b. Interaction Data

HeyEVA software operates by providing a facsimile of your device screen to a third-party AI platform, Gemini, a multimodal AI model developed and operated by Google, together with a digital translation (talk to text) of your verbal request or inquiry, which is provided by Deepgram, and certain information about your device (see Device Information below). The third-party AI platform processes the request and provides a response, which is processed through a text to voice application, either Deepgram or Azure Voice Labs. Together, this data shall be referred to collectively as Interaction Data. HeyEVA never stores, records or archives images, video or screen captures of your device screen. However, anonymized request and response data may be captured for the purpose of efficacy analysis.

c. App Usage and User Activity Data

Certain app usage data or user activity data may be collected and analyzed for the purpose of improving HeyEVA and future products. This may include, but is not limited to:

  • Features Accessed
  • Session Duration and Time
  • Number of Usages
  • Process Cancellation Rates
  • HeyEVA Correction Metrics
  • Error Logs and Crash Rates
  • Latency (Timing)
  • Crash Rates
  • Bug Report

d. Device Information

The specific model of the device on which HeyEVA software is used, along with the version of the operating system installed, is key to providing an actionable and accurate response to the user. A response that includes guidance according to the device's menu structure, the location of an important button, and what information may be input or read is a core function of HeyEVA software.

Device Information is incorporated into Interaction Data and may affect the accuracy of the AI model's response. For this reason, HeyEVA may capture device models and operating system versions to enhance user support or improve HeyEVA software.

The privacy policies of Gemini API, Microsoft Azure, Deepgram, Picovoice, AWS EC2, AWS SES, and Supabase are incorporated into this document by reference.

e. Use of Personal Information

The Company also collects and uses your personal information in the following ways:

  • to operate and deliver the services you have requested
  • to personalize responses and enhance user experience
  • to provide you with information, products, or services that you request from us
  • to provide you with notices about your account
  • to carry out the Company's obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection
  • to notify you about changes to our HeyEVA or any products or services we offer or provide through it
  • for analytical purposes, including tracking usages patterns for the improvement of the app.
  • in any other way we may describe when you provide the information
  • for any other purpose with your consent

Note: HeyEVA may temporarily collect screenshots solely for the purpose of processing user instructions and delivering the requested service; these images and the data contained within are not stored, retained, or used to train any machine learning models.

f. AI Guidance Disclaimer

HeyEVA is an assistive AI platform that provides context-based prompts to help users navigate their devices. These prompts are generated using algorithmic inference and are not guaranteed to be accurate, complete, or appropriate for all situations.

Users are solely responsible for evaluating the appropriateness of any action prompted by HeyEVA. The application does not perform any action on a user's behalf and does not make decisions for the user. All actions taken based on HeyEVA's prompts are executed voluntarily by the user, and HeyEVA disclaims any liability arising from such actions.

HeyEVA does not provide legal, financial, medical, or professional advice. Users should consult a qualified professional before acting on any prompt that may have significant legal or financial implications.

2. Sharing Information with Third Parties

The Company does not sell, rent, or lease its customer lists to third parties.

The Company may share data with trusted partners to help perform statistical analysis for the purpose of improving its application. All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information. All such third parties are bound to the terms of this Privacy Policy and any other policies held by the company to protect user information.

The Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b) protect and defend the rights or property of the Company; and/or (c) act under exigent circumstances to protect the personal safety of users, of the Company, or the public.

HeyEVA is available exclusively through contract with a long-term care facility at the time this Privacy Policy was established. Certain information about the usage of the app, including user information, may be shared with HeyEVA's client, the long-term care facility, in the event we are contractually obligated to do so.

3. Consent

By using the HeyEVA app, you consent to the collection and use of your data as described in this Privacy Policy. You indicate your consent by checking the box during the sign-up process.

4. Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records; and
  • Direct any service providers to delete your personal information from their records

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, and provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the Texas Data Security and Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with an existing legal obligation; or
  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Please note that HeyEVA may require up to six (6 months) to complete any data deletion requests.

5. Children Under Thirteen

The Company does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian for permission to use this application. HeyEVA software is not intended to be used by children under the age of 13.

6. External Data Storage Sites

We may store your data on servers provided by third-party hosting vendors with whom we have contracted.

7. Changes to This Statement

The Company reserves the right to change this Policy from time to time. For example, when there are changes in our services, functional changes to HeyEVA software, or changes in our data protection practices, or changes in the law. When changes to this Policy are significant, we will inform you. You may receive a notice by sending an email to the primary email address specified in your account, by placing a prominent notice on our HeyEVA software, and/or by updating any privacy information. Your continued use of the application and/or services available after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by that Policy.

8. Data Transfers in the Event of Business Structure Changes

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, or other change in ownership or control of HeyEVA. This includes transfers made as part of bankruptcy, insolvency, or similar proceedings.

In such cases, your personal information may be transferred to a successor organization or another entity as part of the business transaction. That entity may continue to use your information in accordance with this Privacy Policy, or it may adopt its own policies regarding the use of your personal information. We will use reasonable efforts to notify you (via our website or other communication channels) of any material changes to privacy practices following such a transfer, where required by law.

By using our services, you acknowledge and agree that such transfers may occur, and that any acquirer or successor of HeyEVA may continue to use your information as described in this policy—or in accordance with their own privacy policy, subject to applicable laws.

9. Limitations of Liability

a. Liability

To the fullest extent permitted by law, HeyEVA and its affiliates, directors, officers, employees, agents, contractors, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, whether in an action of contract, tort, negligence, or otherwise, arising out of or in connection with the use or inability to use the HeyEVA app or services.

In no event shall the total liability of HeyEVA, its affiliates, directors, officers, employees, agents, contractors, or licensors, for any claim or damage arising out of or in connection with the use of the app exceed the amount paid by you, if any, for the use of the app during the 12-month period immediately preceding the event giving rise to such claim.

This limitation of liability applies regardless of whether HeyEVA has been advised of the possibility of such damages.

b. User Responsibility and Assumption of Risk

By using the HeyEVA application, you acknowledge and agree that you retain full control and discretion over whether to act upon any guidance, suggestion, or prompt issued by the app.

HeyEVA does not accept any responsibility for outcomes resulting from actions taken by the user, including but not limited to acceptance of third-party terms, initiation of transactions, modification of settings, or deletion of data.

You expressly assume all risk associated with such actions and agree to indemnify and hold harmless HeyEVA and its affiliates, officers, employees, and agents from any claims, damages, or liabilities arising out of or in connection with actions you take while using the HeyEVA app.

10. Governing Law and Jurisdiction

This Privacy Policy shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.

You agree that any dispute arising out of or relating to this Privacy Policy or your use of the HeyEVA application shall be subject to the exclusive jurisdiction of the state or federal courts located in Travis County, Texas.

You hereby consent to the personal jurisdiction of those courts for purposes of resolving such disputes.

11. Contact Information

The Company welcomes your questions or comments regarding this Policy. If you believe that the Company has not adhered to this Policy, please contact the Company at the information below.

HeyEVA LLC

www.heyeva.ai

contact@heyeva.ai