Terms of Use | Theraday

Theraday Terms of Service

Updated: January 2024

Welcome to Theraday. Before using our Products and Services, please carefully read these Terms of Service ("Terms"). They contain crucial information about your rights and responsibilities when using our platform.

Scope of Agreement
These Terms govern your use of all Theraday Services and Products, including our website, applications, and any materials or content available through them. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

Privacy Policy
Our Privacy Policy is an integral part of these Terms. We encourage you to review it carefully as it explains how we collect, use, and protect your personal information.

Important Notice on Dispute Resolution
Please note: These Terms include a binding arbitration clause for dispute resolution. By agreeing to these Terms, you are agreeing to resolve disputes through individual arbitration rather than in court. This means you waive your rights to: a) Seek relief in a court of law b) Have disputes decided by a judge or jury c) Participate in class action lawsuits against Theraday

Acceptance of Terms
By using our Services, including but not limited to our website (theraday.com) and its features, or by purchasing our Products, you enter into a legally binding agreement with Theraday. This agreement is governed by these Terms to the fullest extent permitted by applicable law.

We strongly encourage you to contact us with any questions or concerns before using our Services or Products. Our goal is to ensure you have a clear understanding of these Terms before proceeding.

Remember, your use of our Services constitutes your acceptance of these Terms. If you do not agree with any part of these Terms, please do not use our Services or Products.

1. Permitted Use of Services 

Subject to your compliance with these Terms of Use, you are granted the right to access and use our Services (Website, Applications, Platform, Agents, Plugins, etc). You agree to use the Services in accordance with all applicable laws, regulations, and any additional documentation, guidelines, or policies provided by Theraday.

2. Prohibited Activities 

You are prohibited from using our Services for any illegal, harmful, or abusive purposes. Specifically, you may not:

• Use the Services in a manner that infringes, misappropriates, or violates the rights of any individual or entity.
• Modify, copy, lease, sell, or distribute any part of our Services without prior written consent.
• Attempt to reverse engineer, decompile, or discover the source code or underlying components of our Services, including models, algorithms, or systems, except as permitted by applicable law.
• Extract data or Output (as defined below) through automated or programmatic means.
• Misrepresent Output as human-generated when it is not.
• Interfere with or disrupt the Services, including bypassing rate limits, restrictions, or protective measures.
• Use Output to develop models that compete with Theraday.

3. Software 

Our Services may include downloadable software, such as mobile applications, which may update automatically to ensure you are using the latest version. Some software may contain open-source components governed by separate licenses.

4. Corporate Accounts 

If you create an account using an email address owned by an organization (e.g., your employer), that account may be added to the organization’s business account with us. In such cases, we will notify you to facilitate the transfer of your account, unless your organization has already informed you of its ability to monitor and control your account. Once transferred, the organization’s administrator may access your Content and manage your account, including restricting or removing your access.

5. Third-Party Services 

Our Services may integrate third-party software, products, or services (“Third-Party Services”). Certain features, such as browsing, may generate output from these services (“Third-Party Output”). Third-Party Services and Third-Party Output are governed by their own terms, and we are not responsible for them.

6. Content

Your Content: You may provide input to the Services (“Input”) and receive corresponding output (“Output”). Collectively, Input and Output are referred to as “Content.” You are solely responsible for ensuring your Content complies with applicable laws and these Terms. You represent and warrant that you possess all necessary rights, licenses, and permissions to provide Input to our Services.

Ownership of Content: As between you and Theraday, and to the extent permitted by law, you retain ownership of your Input and own the Output. Theraday hereby assigns to you all rights, title, and interest, if any, in and to the Output.

Similarity of Content: Due to the nature of artificial intelligence, Output may not be unique, and other users may receive similar Output. Our assignment of rights does not extend to other users’ Output or Third-Party Output.

Our Use of Content: We may use Content to provide, maintain, develop, and improve our Services, comply with applicable laws, enforce our terms and policies, and ensure the safety of our Services.

Opt-Out: If you do not wish for us to use your Content to train our models, you may opt out. Note that this may limit the Services’ ability to address your specific use case.

Accuracy: Our Services rely on evolving artificial intelligence and machine learning technologies. Output may not always accurately reflect real people, places, or facts. By using our Services, you agree:

• Output may not be accurate, and you should not rely on it as a sole source of truth or professional advice.
• You must evaluate Output for accuracy and suitability before use or sharing.
• You must not use Output relating to individuals for decisions with legal or material impacts, such as credit, employment, housing, or medical decisions.
• Output may be incomplete, incorrect, or offensive and does not represent Theraday’s views. References to third-party products or services do not imply endorsement or affiliation with Theraday.

7. Termination and Suspension

Termination: You may stop using our Services at any time. We reserve the right to suspend, terminate, or delete your account if:

• You breach these Terms.
• Required by law.
• Your use poses a risk to Theraday, our users, or others. We may also terminate inactive accounts (over one year of inactivity) unless you have a paid account, with prior notice.

Appeals: If you believe your account was suspended or terminated in error, you may file an appeal.

Discontinuation of Services: We may discontinue the Services but will provide advance notice and refunds for any prepaid, unused Services.

8. Disclaimer of Warranties 

OUR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT CONTENT WILL BE SECURE OR UNALTERED.

YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF OUTPUT IS AT YOUR OWN RISK, AND YOU WILL NOT RELY ON IT AS A SOLE SOURCE OF TRUTH OR PROFESSIONAL ADVICE.

9. Limitation of Liability 

NEITHER THERADAY NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, OR DATA. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM OR $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES, SO THESE TERMS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

THERADAY’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

10. Indemnification 

If you are a business or organization, you agree to indemnify and hold harmless Theraday, its affiliates, and personnel from any third-party claims, costs, losses, liabilities, or expenses (including attorneys’ fees) arising from your use of the Services or Content, or any violation of these Terms.

11. Dispute Resolution

Mandatory Arbitration: You and Theraday agree to resolve any disputes arising from these Terms or the Services through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or updates to these terms.

Informal Resolution: Before initiating arbitration, both parties agree to attempt informal resolution by providing notice via email. If unresolved within 60 days, either party may initiate arbitration.

Arbitration Procedures: Arbitration will be conducted by the National Arbitration and Mediation (“NAM”) under its rules. The arbitration will be virtual unless an in-person hearing is necessary. The arbitrator’s decision will be final, except for disputes about enforceability or public injunctive relief, which may be resolved in court.

Class Action Waiver: Disputes must be brought individually, not as class actions or representative proceedings. Both parties waive the right to a jury trial.

Batch Arbitration: If 25 or more similar claims arise within 90 days, they will be resolved in batches of up to 50 claimants each.

12. General Terms

Assignment: You may not assign or transfer your rights or obligations under these Terms. We may assign our rights to affiliates, subsidiaries, or successors.

Changes to Terms or Services: We may update these Terms or the Services for legal, security, or developmental reasons. Material changes will be communicated with at least 30 days’ notice. Continued use constitutes acceptance of the updated Terms.

Trade Controls: You must comply with all applicable trade laws, including sanctions and export controls. The Services may not be used in or for the benefit of embargoed countries or prohibited entities.

Entire Agreement: These Terms constitute the entire agreement between you and Theraday regarding the Services and supersede any prior agreements.

Governing Law: These Terms are governed by Utah law, excluding its conflict of laws principles. Disputes will be resolved exclusively in the federal or state courts of Salt Lake City, Utah, except as provided in the arbitration section.