Soothink - beta

Terms of Use

Preamble

These Terms of Use (hereinafter referred to as "Terms") govern the use of online services provided by The Other Way (hereinafter referred to as "we", "our", or "the Company"), accessible via our website [www.soothink.com], our web applications, and any other associated digital media (collectively referred to as the "Services").

Definitions

In the context of these Terms, the following terms will have the meaning attributed to them below:

  • "User": any natural person accessing the Services, whether registered or not.
  • "Member": any User who has created an account on our Services.
  • "Subscriber": any Member who has subscribed to a paid subscription to access premium features.
  • "Content": all audiovisual, textual, and graphic elements offered by our Services.

Registration and Access

Minimum Age

You must be at least 13 years old or the minimum age required in your country to consent to the use of the Services. If you are under 18, you must obtain permission from your parents or legal guardian to use the Services.

Registration

You must provide accurate and complete information to create an account to use our Services. You may not share your account identification data or make your account available to someone else, and you are responsible for all activities that occur with your account. If you create an account or use the services on behalf of another person or entity, you must be authorized to accept these Terms on their behalf.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to inform us immediately of any unauthorized use of your account.

Using our Services

What You Can Do

Subject to compliance with these Terms, you can access and use our Services. When using our Services, you must comply with all applicable laws as well as our Sharing and Publishing Policy, our Usage Policies, and any other documentation, guidelines, or policies that we make available to you.

What You Cannot Do

You may not use our Services for illegal, harmful, or abusive activities. For example, you cannot:

  • Use our Services in a way that infringes, misappropriates, or violates anyone's rights.
  • Modify, copy, rent, sell, or distribute any of our Services.
  • Attempt to assist or help anyone reverse engineer, decompile, or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data.
  • Interfere with or disrupt our Services, including circumventing any security measures put in place on our Services.

Business Domain Name

If you create an account using an email address belonging to an organization (e.g., your employer), this account may be added to the professional account that the organization has with us, in which case we will inform you so that you can facilitate the transfer of your account (unless your organization has already informed you that it may monitor and control your account). Once your account is transferred, the organization's administrator will be able to control your account, including accessing the Content (defined below) and restricting or deleting your access to the account.

Third-Party Services

Our Services may include software, products, or services provided by third parties ("Third-Party Services"), and certain parts of our Services, such as our browsing function, may include output data from these Third-Party Services ("Third-Party Output Data"). Third-Party Services and Third-Party Output Data are subject to their own terms, and we are not responsible for them.

Feedback

We appreciate your feedback, and you agree that we may use it without restriction or compensation.

Content

Your Content

You may provide inputs to the Services ("Input Data") and receive outputs from the Services based on the Inputs ("Output Data"). Input Data and Output Data are collectively referred to as "Content". You are responsible for the Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all necessary rights, licenses, and permissions to provide Input Data to our Services.

Content Ownership

In the context of your relationship with OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights to Input Data and (b) own the Output Data. We hereby assign to you all our rights, titles, and interests, if any, in the Output Data.

Content Similarity

Due to the nature of our Services and artificial intelligence in general, Output Data may not be unique, and other users may receive similar output data from our Services. Our assignment above does not extend to Output Data from other users or Third-Party Output Data.

Our Intellectual Property Rights

We and our affiliates own all rights, titles, and interests related to the Services. You may only use our name and logo in accordance with our Brand Usage Guidelines.

The Services

We offer certain free services.

Our paid subscriptions provide access to additional features.

Subscriptions and Offers

Types of Subscriptions

We offer different types of subscriptions, including:

  • Free
  • Monthly subscription
  • Annual subscription
  • Monthly Enterprise packages
  • Annual Enterprise packages

Paid Accounts

Billing

If you purchase Services, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method at each agreed periodic renewal until you cancel. You are responsible for all applicable taxes, and we will charge them when necessary. If your payment cannot be processed, we may downgrade your account or suspend your access to our Services until payment is received.

We may offer free trial periods for some of our subscriptions. The specific terms of these offers will be specified at the time of subscription.

Termination

You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not prevail over mandatory local laws regarding your cancellation rights.

You can terminate your account at any time by contacting us or using the termination options available in your account settings.

Termination or Suspension by Us

We reserve the right to suspend or terminate your access to our Services, with or without notice, for any reason, including, but not limited to, a violation of these Terms.

Modifications

We may modify our prices from time to time. If we increase the price of our subscriptions, we will inform you at least 30 days in advance, and any price increase will take effect at your next renewal, to allow you to cancel your subscription if you disagree with the price increase.

Service Discontinuation

We may decide to discontinue our Services, in which case we will inform you in advance and refund you for any prepaid and unused Services.

Disclaimer of Warranty

OUR SERVICES ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES RELATED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE OCCURRENCE OF LIABILITY AND ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the exclusion of certain warranties or the limitation of certain damages, so all or part of the above conditions may not apply to you, and you may have additional rights. In this case, these Terms limit our liabilities only to the maximum extent permitted in your country of residence.

Indemnity

If you are a business or organization and to the extent permitted by applicable law, you will indemnify and hold us and our affiliates and personnel harmless from all costs, losses, liabilities, and expenses (including attorney's fees) resulting from third-party claims arising from or related to your use of the Services and Content or any violation of these Terms.

Copyright Claims

If you believe your intellectual property rights have been violated, please notify us at the address below or fill out this form. We may remove or disable content that we believe violates these Terms or is allegedly infringing, and we will terminate the accounts of repeat infringers where appropriate.

The Other Way
10 Av jacqueline de Romilly
Rennes 35000, France

Written claims regarding copyright infringement must contain the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the location of the allegedly infringing material on our site, so that we can find it;
  • Your address, phone number, and email address;
  • A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement from you that the above information in your notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

Usage Rights and Restrictions

Usage License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal and non-commercial purposes.

Restrictions

You agree not to:

  • Copy, modify, distribute, sell, or rent any part of our Services
  • Reverse engineer or attempt to extract the source code of our software
  • Use our Services in a way that could damage, disable, overburden, or impair our systems

Commercial Use

Any commercial use of our Services is strictly prohibited, except with our prior written agreement.

Intellectual Property

Our Rights

All intellectual property rights related to our Services and their content (texts, graphics, logos, icons, images, audio clips, digital downloads, and data compilations) are our property or that of our licensors.

Content Usage

You are not authorized to use, reproduce, duplicate, copy, sell, resell, or exploit any part of our Services or their content without our express written authorization.

Trademarks

The names, logos, and brands displayed on our Services are our property or that of their respective owners. Nothing in these Terms or on our Services should be interpreted as granting, implicitly or otherwise, a license or right to use these trademarks.

User Content

Definition

"User Content" refers to any content that you submit, post, or display on our Services, including comments, feedback, and posts on forums.

License

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works, display, and perform this User Content.

Responsibility

You are solely responsible for the User Content you submit. You warrant that you have all necessary rights to grant the license mentioned above.

Right of Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without notice and at our sole discretion.

Third-Party Content

External Links

Our Services may contain links to third-party websites or resources. These links are provided solely for your convenience.

No Responsibility

We have no control over the content of third-party sites and disclaim any responsibility regarding their content, privacy policies, or practices.

Service Availability and Maintenance

Service Continuity

We strive to keep our Services operational 24/7. However, we cannot guarantee uninterrupted availability of our Services.

Maintenance

We reserve the right to temporarily interrupt access to our Services for reasons of maintenance, updates, or technical improvements.

Force Majeure

We will not be held responsible for any service interruption due to circumstances beyond our control, such as natural disasters, network failures, or governmental actions.

Warranties and Limitations of Liability

Services Provided "As Is"

Our Services are provided "as is" and "as available". We do not guarantee that our Services will be uninterrupted, error-free, or that they will meet your specific needs.

Liability Cap

Our total liability for any claim arising from or related to these Terms is limited to the amount you have paid to use our Services during the 12 months preceding the event giving rise to the liability.

Medical Disclaimer

No Medical Advice

Our Services are provided for general information purposes only and do not constitute professional medical advice. They are not intended to diagnose, treat, cure, or prevent any disease.

Consult a Healthcare Professional

Before starting any new meditation or wellness program, we strongly recommend that you consult a qualified healthcare professional, especially if you have pre-existing health conditions.

Use at Your Own Risk

The use of our Services is at your own risk. We are not responsible for the consequences resulting from your use of our Services.

Personal Data Protection

Privacy Policy

Our collection and use of your personal data are governed by our Privacy Policy, which is an integral part of these Terms.

Consent

By using our Services, you consent to the collection, processing, and use of your personal data in accordance with our Privacy Policy.

User Rights

You have the right to access your personal data, rectify it, delete it, and oppose its processing in certain circumstances. To exercise these rights, please contact us at the address indicated in the Contact section.

Legal Provisions

Applicable Law

These Terms are governed by and interpreted in accordance with the laws of France, without giving effect to its principles of conflicts of law.

Dispute Resolution

Any dispute arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts of Paris.

Severability

If a provision of these Terms is deemed invalid or unenforceable, the other provisions will remain in effect and will be interpreted in a way that achieves the initial intention of the parties.

Waiver

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Modifications to Services and Terms

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including the availability of any feature, database, or content.

Terms Modifications

We may modify these Terms at any time. Modifications will take effect upon their publication on our Services. Your continued use of the Services after the publication of modifications constitutes your acceptance of these modifications.

Notification of Important Modifications

We will make reasonable efforts to inform you of important modifications to these Terms, either by email or through a visible notice on our Services.

Miscellaneous Provisions

Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may freely assign these Terms without restriction.

Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and us regarding our Services and supersede all prior agreements.

Force Majeure

We will not be responsible for any failure or delay in the performance of our obligations resulting from causes beyond our reasonable control.

Relationship Between Parties

Nothing in these Terms creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and us.

Contact

If you have any questions regarding these Terms, please contact us at:

The Other Way
10 Av jacqueline de Romilly
[email protected]

Last updated: 02/09/2024