PLEASE READ THIS NOTICE. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 26).
Unless you opt out, you and we agree to resolve most disputes through individual arbitration instead of in court, and you give up the right to a jury trial and to take part in a class action or other group case. Small-claims cases and a few other matters are not covered.
You can opt out of arbitration within 30 days after you first accept these Terms by emailing legal@asktheia.com (or writing to our mailing address) with your name, your account email address and a statement that you opt out (Section 26.12).
The short versionLink to this section: The short version
This summary is here to help you. It is not a replacement for the full Terms below, and the full Terms control.
- Who we are. Theia is an AI assistant that helps families keep track of plans, messages and reminders. It is provided by Secure Data Solutions LLC.
- Who can use it. You must be 18 or older and live in the United States. Children use Theia only through features a parent or legal guardian sets up for them.
- Theia uses AI, and AI makes mistakes. Check important details, like dates, times and places, against the original. Theia is not a doctor, lawyer, financial adviser or emergency service.
- Reminders can fail. Texts, calls, emails and reminders can arrive late or not at all. Don’t rely on Theia as your only reminder for anything important.
- Your content is yours. We use it to run Theia for you, keep Theia secure and follow the law. We never sell it, share it with advertisers or train AI on it. Other Theia users can’t see it unless you share it, for example with the adults in a family you create or join (Section 9.6), or send something to them.
- No AI training. We don’t use your content to train AI models, ours or anyone else’s. Requests Theia sends through its AI gateway go only to AI model providers that have agreed not to train on them (Section 14).
- You’re responsible for what you connect and share. Only connect accounts and chats you’re allowed to use, only add phone numbers and email addresses of people who have agreed to hear from Theia (or of your own child), only invite people you know to a family, and only share what you have the right to share.
- Texts and calls. Reminders are part of Theia. Linking a phone number means Theia will text you and call you with automated reminders in a computer-generated voice, including reminders the adults in your family set for you. Message and data rates may apply. To stop, delete the reminders or unlink the number, or, for reminders from your family, turn off "Family can set reminders for me" or stop reminders from one adult. Texting STOP stops texts and calls to that number; reminders from your family then come by email. Text HELP for help.
- Your data stays until you ask us to delete it. Disconnecting an account does not delete what Theia already saved.
- Price. Theia is free during beta. We will never charge you without your clear agreement first.
- Disputes. Individual arbitration, unless you opt out within 30 days.
1. Who we areLink to this section: 1. Who we are
Theia is provided by Secure Data Solutions LLC, a Wyoming limited liability company ("we", "us" or "our").
Secure Data Solutions LLC
San Francisco, California
Mailing address: 30 N Gould St #66905, Sheridan, WY 82801, USA
- Help, account and privacy requests: support@asktheia.com
- Legal notices, arbitration opt-outs and copyright notices: legal@asktheia.com
- General questions: contact@asktheia.com
- Website: https://asktheia.com (opens in a new tab)
2. Words we use in these TermsLink to this section: 2. Words we use in these Terms
- "Theia" or the "Service" means the Theia assistant and everything we provide with it: our websites (including asktheia.com), the Theia web app, Theia’s text-message line and phone calls, the emails Theia sends, and any Theia apps we offer in the future.
- "You" means the person who uses Theia or holds a Theia account.
- "Connected Accounts" means outside accounts you let Theia access, such as your Gmail, Google Calendar or WhatsApp account.
- "Family Members" means your children and the other people whose details you add to Theia, for example in your family details or as people who receive your reminders.
- "Family" means the Theia feature, described in Section 9.6, that lets up to four adults who each have a Theia account form a family and share items.
- "Family Adults" means the other adults in a family you create or join through Family. Each has their own Theia account. Family Adults are not Family Members.
- "Your Content" means everything you, or your Connected Accounts, give Theia. This includes your messages and questions, emails and their attachments, calendar events, chat messages, photos, files, voice recordings, reminders and information about Family Members. It also includes the cards, summaries, answers and other results Theia creates from them for you ("Output"). Items Family Adults share with you are part of their content, not Your Content.
- "Process" means to use information to run Theia for you, for example to collect, store, read, organize, analyze, show and act on it. Processing never includes selling your information, sharing it with advertisers or using it to train AI models.
- "Privacy Policy" means the Theia Privacy Policy at https://asktheia.com/privacy (opens in a new tab), as updated from time to time.
- "Including" means "including, without limitation".
3. Agreeing to these TermsLink to this section: 3. Agreeing to these Terms
- These Terms are a contract between you and Secure Data Solutions LLC. You accept them when you create an account or sign in after being told that continuing means you agree to them, for example "By continuing, you agree to our Terms of Service and Privacy Policy". If you don’t agree, please don’t use Theia.
- Our Privacy Policy explains how we collect, use, share and keep personal information. When you accept these Terms, you also agree to the Privacy Policy and give the consents it describes, including for sensitive and health information in your content and for reminder texts and calls. The promises about Your Content that form part of this contract are in Sections 13 to 15. These Terms refer to the Privacy Policy where it has more detail.
- When you turn on certain features, we may show you extra terms for that feature. Those extra terms add to these Terms. If they conflict, the extra terms control for that feature, except that Section 26 (disputes) always controls.
4. Who can use TheiaLink to this section: 4. Who can use Theia
- Age. You must be at least 18 years old and able to form a binding contract.
- Location. Theia is offered only to people who live in the United States.
- Personal use. Theia is for your personal, family and household use. You may not use it for a business or other commercial purpose without our written permission.
- Legal eligibility. You may not use Theia if the law forbids you from receiving it, or if we have previously closed your account for breaking these Terms.
- One person per account. Your account is for you alone. Don’t share it or let anyone else sign in to it.
- Children. No one under 18 may create a Theia account. Children can use Theia only through features that a parent or legal guardian sets up for them and is responsible for (Section 9). If we learn that someone under 18 has created an account, we will close it.
5. Your account and keeping it secureLink to this section: 5. Your account and keeping it secure
- Give us accurate information and keep your email address up to date. We use it to reach you.
- Keep your password secret and your devices secure. You are responsible for what happens through your account, unless it was caused by our failure to meet these Terms or it happens after you have told us that someone else is using your account.
- Linked phone numbers. When you link a phone number to your account, Theia treats text messages from that number as coming from you. Anyone who can send texts from your phone can use Theia as you, and caller IDs can be faked, so a text message is not proof of who sent it. Protect your phone, and unlink any number you no longer control (text UNLINK from that number, or remove it in Theia).
- Tell us right away at support@asktheia.com if you think someone else has used your account or a number linked to it.
- We may sign you out, unlink a number or take other reasonable steps to protect your account.
6. What Theia is and what it doesLink to this section: 6. What Theia is and what it does
- Theia is an AI assistant. It is automated software, not a person. Its answers, summaries and cards are produced by artificial-intelligence models run by other companies for us (see the Privacy Policy). Reminder calls use a computer-generated voice.
- What Theia can do. Depending on what you connect and turn on, and on which features are available to you, Theia can:
- read emails and calendar events from your Connected Accounts and turn them into cards, such as events, tasks and notices;
- answer your questions on the web, by text message and, where offered, by voice;
- send you daily and weekly summaries ("digests") of what’s coming up;
- send reminders by email, text message or phone call to you and to Family Members you choose and, through Family, to Family Adults and to children in your family who have a verified phone number;
- share items with the other adults in each family you create or join through Family (Section 9.6);
- add events to your Google Calendar, if you give Theia permission to do that;
- prepare forms you give it, such as a PDF, a photo of a paper form, a Google Form or a form on another website, by filling in what it knows and asking you for the rest (Theia never submits a form for you; see Section 8);
- search the public web to answer general questions (you can turn this off); and
- where offered, follow your children’s school newsletters.
- Some features aren’t available to everyone. Some features may be switched off, limited to certain users, or in testing. We may change what Theia offers (Section 19).
- Theia is an organizing tool. Theia is built to help you manage information and tasks. It is not designed to be a friend, companion, therapist or counselor.
7. Important limits: AI, advice, emergencies and remindersLink to this section: 7. Important limits: AI, advice, emergencies and reminders
Please read this section carefully.
- AI can be wrong. Theia can misread an email, mix up dates, times, time zones or people (including which child something is about), miss something, or state something that isn’t true. Theia shows where its information came from when it can, but those sources can also be wrong or out of date. Check the original before you rely on anything important, especially dates, times, places, amounts, deadlines and anything about health, money, school or legal matters.
- Not professional advice. Theia does not give medical, legal, financial, tax or mental-health advice, and it is not a substitute for a professional. Theia is not a medical record system and does not provide therapy.
- Not an emergency service. Theia cannot call 911 or contact emergency services for you. Messages and calls to Theia’s number are handled by software, not watched by a person in real time. In an emergency, call 911. If you or someone else is thinking about suicide or self-harm, call or text 988 (the Suicide and Crisis Lifeline in the United States).
- Reminders and messages can fail. Emails, texts, calls, digests and reminders can be late, can arrive more than once, or can fail to arrive. This can happen because of mobile carriers, Apple, email providers, our service providers, your device, your settings (such as quiet hours or do-not-disturb) or outages. A call that connects doesn’t mean anyone heard it. Don’t rely on Theia as your only reminder for medicine, safety, the care of a child or anyone else, legal or financial deadlines, travel, or anything where a missed reminder could cause harm or loss.
- Information from the web and others. Web search results, web pages, emails and messages come from sources we don’t control. We don’t check them and aren’t responsible for them.
- Don’t send Theia secrets it doesn’t need. Theia doesn’t need your passwords, full payment card or bank account numbers, or government ID numbers to work. Please don’t send them to Theia in a chat message, a text or an email. The one exception is a website sign-in for a form you ask Theia to fill: type it only into the secure sign-in box on asktheia.com, never by text (Section 8.6).
8. Actions Theia takes for youLink to this section: 8. Actions Theia takes for you
- Theia acts only when you ask. Theia takes an action, such as saving a reminder or adding a calendar event, only when you ask it to or when you set something up to happen later. Theia is designed not to follow instructions it finds inside emails, files, web pages or messages from other people.
- Review before you confirm. Some actions happen as soon as you ask, and Theia may offer a short time to undo them. Others, such as adding an event to your Google Calendar, are shown to you for review first, unless you have told Theia to add events right away. Check the details before you confirm.
- Your responsibility. You are responsible for actions you confirm or tell Theia to take without asking you first, and for the reminders and messages you ask Theia to send to other people.
- Undo has limits. Undo is offered for some actions and not others. It can’t reverse something that has already reached someone, such as a reminder they have received.
- What Theia does not do today. Theia does not currently send email from your email account, post or reply in messaging apps, invite other people to calendar events, or make payments or purchases for you. Reminders you send to other people come from Theia’s own email address, text line or phone number, and they include your display name, if you have set one, so the person knows who set them. Theia prepares forms but never submits them: you submit a form yourself, by pressing the website’s or Google’s Submit button or by sending the filled file yourself.
- Forms and website sign-ins. When a form you ask Theia to fill is on a website that needs you to sign in, Theia asks for that site’s sign-in details and any one-time code in a secure box on asktheia.com. What you type there goes to that website through Theia’s browser; it is not saved in your conversation and is not sent to our AI providers. Theia keeps the username and password, encrypted, only if you choose "Remember this sign-in", until you remove them in Settings or ask us to; it never keeps a one-time code. By using this, you confirm that you are allowed to use that account this way. Some websites’ own terms do not allow sharing a password or using automated tools, and you are responsible for following them. Theia signs in only to the website the form is on, only to fill that form, and stops if the website blocks it, shows a CAPTCHA or asks it to stop. Theia does not submit the form, pay, accept terms or change your account on that website: you check the filled form in a live window and press Submit yourself.
9. Family Members, children and FamilyLink to this section: 9. Family Members, children and Family
9.1 Information about Family MembersLink to this section: 9.1 Information about Family Members
You may tell Theia about Family Members, for example their names and nicknames, school grades, birth month and year, schools and activities, and their contact details. When you do, you confirm that you are allowed to share this information and to have Theia use it to help you. This information is part of Your Content. You can change it, and you can delete it or ask us to delete it (Section 22). If a child is on the children list of a family you are in, the Family Adults in it see the child’s first name and school, and so does a person invited to that family, before deciding whether to join (Section 9.6).
9.2 ChildrenLink to this section: 9.2 Children
Theia is for adults. A child cannot have a Theia account. A parent or legal guardian may use these features for their child:
- Reminders to your child. Theia can send reminders you set to your child’s phone number by text message or phone call, or to your child’s email address. If your child is on the children list of a family you are in, the Family Adults in it can also send reminders to your child’s verified phone number by text message, and by phone call if you allowed calls (Section 9.7).
- No chat for children. Children can’t chat with Theia. If your child texts Theia one-to-one, Theia replies once to say so and doesn’t keep the message. Messages your child sends to an iMessage group with Theia in it are kept like anyone else’s once a Theia user in the group says Yes.
Before Theia sends reminders to a child’s phone number, it texts a verification code to that number through our provider Twilio. Your child gives you the code to finish setting it up.
9.3 What you confirm when you add a child’s number or emailLink to this section: 9.3 What you confirm when you add a child’s number or email
When you add a phone number or email address for a child, you confirm that:
- you are the child’s parent or legal guardian;
- for a phone number, you are the subscriber (the person who holds the phone plan) or the regular user of that phone line, or you are otherwise authorized to agree to texts and calls to it, including automated calls that use an artificial (computer-generated) voice;
- you agree, on your child’s behalf, to Theia sending the texts, calls and emails you set up, and the texts and calls Family Adults set up as Section 9.7 describes, and to Theia handling your child’s replies to them, such as STOP, HELP or keypad presses during a call, as described in the Privacy Policy; and
- you will explain Theia to your child, supervise your child’s use of it, and turn off or remove the child’s number or email if you or your child no longer want Theia to contact them.
Your child can stop texts and calls at any time by texting STOP to Theia’s number (Section 12). That stops reminders to that number from everyone who set them up. You can ask to see or delete the information we hold about your child by emailing support@asktheia.com from your account’s email address.
9.4 Other adultsLink to this section: 9.4 Other adults
Theia may let you send reminders to other adults. For an adult who isn’t one of your Family Adults, Theia first asks the person to confirm with a code, and you confirm that you have the person’s permission. Reminders to Family Adults follow Section 9.7. You will only send people reminders they want.
9.5 Respect other people’s choicesLink to this section: 9.5 Respect other people’s choices
If someone asks you or Theia to stop contacting them, stop. Don’t use Theia to contact anyone who hasn’t agreed, or to harass or pressure anyone.
9.6 FamilyLink to this section: 9.6 Family
- What Family is. Family lets adults who each have a Theia account form a family of up to four adults and share items. The adult who sends a family’s first invite is its owner, and the adults who join are its members. You can own one family, or be a member of up to four families, but not both at once.
- The owner’s role. Only the owner can invite people, remove a member, take any child off the family’s children list or end the family. A member can leave at any time, and each adult can take a child they added off the list. The owner can’t see a member’s items that stay Only you, or their settings, chats with Theia, memory or reminders (other than reminders set for the owner), and can’t change a member’s sharing, items, own children list or phone number.
- Your agreement. Sending an invite, and tapping Join, are your agreement to share as this Section 9.6 and the Privacy Policy describe. Before deciding whether to join, a person invited to a family can see the first names of its adults and which of them is the owner, and the first name and school of each child on its children list; only a Theia account that has verified the invited email address sees this. Before you join, Theia shows you what the family will see and what stays yours.
- What is shared. Items about a child on the family’s children list, including health items, and other family emails and messages that aren’t about you or a child on your own children list go to every adult in the family automatically, with the emails and attachments behind them, including items from before they joined. Such family emails and messages that became items while you were in another family together with another adult go to a family you are a member of only if they point to it. Items about you stay yours unless you share them or turn on "Share my personal items too". Items Theia makes from what you tell it or send it, such as a schedule you state in chat, are shared under the same rules. You can set any of your items to Only you, a family or chosen people, and keep mail from a sender to yourself. Family Adults see each child on the family’s children list by first name and school, and who added the child. They also see your name, your Theia photo, the email address you joined the family with, or your account’s current sign-in email address once the address you joined with is no longer a verified address of your account (for the owner, their account email address), and, if you have linked one, your phone number. Your chats with Theia, memory, preferences, mailbox, settings, files library, connections and contacts are never shared. The Privacy Policy describes the rules in full.
- What Family Adults can do. A Family Adult who can see one of your items can open the whole original email and attachments behind it, including emails you sent, download the attachments, add the item to their own Google Calendar, ask Theia about it, mark it done, assign it and set reminders about it.
- Leaving, removal and ending. Leaving a family, being removed from one or ending one deletes nothing from anyone’s own information, and Theia sends no message about it. From then on, adults who no longer share a family stop seeing each other’s items. What they already received can’t be recalled, such as delivered texts, emails and summary emails, events they added to their own calendars, files they downloaded and earlier answers in their chats with Theia.
9.7 Reminders in a familyLink to this section: 9.7 Reminders in a family
- Reminders for a Family Adult. You can set text, call or email reminders for a Family Adult while their "Family can set reminders for me" is on and they haven’t stopped reminders from you. Theia delivers them under the recipient’s own settings, to the phone number and email address they set up themselves, with your name and your words. A reminder you set for someone else is never a wake-up call: their quiet hours always apply, so a reminder that falls in them may not be sent (Section 12.12). You won’t see whether or how it was delivered.
- Reminders set for you. "Family can set reminders for me" is on unless you turn it off, and it covers all your families. You can turn it off, stop reminders from one adult ("Stop reminders from") or unsubscribe from one adult’s reminder emails. Texting STOP or unlinking your number stops texts and calls to that number only, and these reminders then come by email (Section 12.6). You can’t delete or change a reminder another adult set.
- Reminders to a child. If a parent or legal guardian in your family linked a child’s phone number and the child is on the family’s children list, you can text that number with reminders, and call it if the parent or guardian allowed calls, without asking them again. You never see the number, and the child sees your name in each reminder. You can’t reach a child’s email address this way. These reminders stop when the parent or guardian removes the number or a way of reaching it, when the child leaves the family’s children list, when you and the parent or guardian no longer share a family, or when the child texts STOP.
9.8 What you confirm when you use FamilyLink to this section: 9.8 What you confirm when you use Family
When you use Family, you confirm that:
- you have the right to share the items you share, and the emails and attachments behind them, including other people’s information in them (Section 10.3);
- you will invite only people you know, at an email address they use;
- you will not use Family or its reminders to monitor, track, control or harass anyone (Section 16.4); and
- you will set reminders for another person only when they want them.
10. Connected Accounts and other servicesLink to this section: 10. Connected Accounts and other services
- What you allow when you connect. When you connect an account, you allow Theia to access it and to copy and store what Theia reads from it, so Theia can work for you. When Theia reads your Connected Accounts and the messages you send it, it does so for you, at your direction, as a tool you use to manage your own information. For example, Theia keeps full copies of the emails it reads, including attachments. For Google, Google’s permission screen and the Privacy Policy describe what Theia can access; for WhatsApp, Section 11 and the Privacy Policy do. For Gmail, Theia asks Google only for read-only access, so it cannot send, delete or change your email. Theia can add events to your Google Calendar only if you give it that separate permission.
- Your right to connect. You confirm that each Connected Account belongs to you or that you are allowed to use it this way, and that connecting it doesn’t break any agreement you have (for example, an employer’s rules for a work account).
- Other people’s information. Your Connected Accounts, and the messages you send Theia, include information about other people, such as the people who email you, others in your group chats and people named in calendar events. You confirm that you have the right to let Theia process that information for your personal use, and that you will follow any laws that apply to you, including laws that require you to tell others or get their permission. Theia uses this information only as described in Section 13.
- Other companies’ services. Google, WhatsApp and Meta, Apple, mobile carriers and our messaging providers are not parties to these Terms. Theia is not affiliated with, endorsed by or sponsored by Google, Meta, WhatsApp or Apple. Their own terms and privacy policies apply to your use of their services. They can change or stop how their services work with Theia at any time, and some Theia features may then stop working. To the fullest extent permitted by law, we are not responsible for other companies’ services, content or actions.
- Pausing and removing. You can pause or remove a Connected Account in Theia at any time (a WhatsApp account can be removed, not paused). Either one stops Theia from collecting new information from that account. Neither deletes what Theia has already saved (Section 22). Pausing a Google account keeps the access credential Google gave Theia, so you can resume later. Removing it deletes that credential, and Theia asks Google to remove Theia’s permission, unless another person’s Theia account still signs in with that Google account or is connected to it and syncing. If Google doesn’t confirm the removal, Theia tells you, and the permission may still be in place. You can’t remove the Google account you sign in to Theia with, but you can pause it. You can also remove Theia’s permission at any time in your Google Account’s settings for third-party access.
- Google information. Theia’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy (https://developers.google.com/terms/api-services-user-data-policy (opens in a new tab)), including the Limited Use requirements. The Privacy Policy explains this in more detail.
- Texting. When you text Theia, your messages travel through our messaging provider and through the networks that carry them, such as your mobile carrier and, for iMessage, Apple.
- Trademarks. Google, Gmail, WhatsApp, iMessage and other names belong to their owners. We use them only to describe what Theia works with.
11. WhatsAppLink to this section: 11. WhatsApp
- Linking WhatsApp. You can link up to three WhatsApp accounts to Theia. Theia uses WhatsApp’s linked-device feature: you link it from Linked devices on your phone, by scanning a QR code or typing a pairing code, and it shows there as "Theia". A WhatsApp account can be linked to only one Theia account at a time. The Privacy Policy explains what Theia collects and keeps.
- Not affiliated with WhatsApp. Theia is not affiliated with, endorsed by, sponsored by or supported by WhatsApp or Meta, and WhatsApp has not approved Theia. WhatsApp’s own terms and privacy policy still apply to your WhatsApp account.
- Risk to your WhatsApp account. WhatsApp’s terms don’t allow anyone to access its service in unauthorized ways, by automated or other means, and they let WhatsApp suspend or end an account’s access at any time, for any reason. WhatsApp could log Theia out, or limit, suspend or ban the WhatsApp account you link, and we can’t undo that. Link a WhatsApp account only if you accept this risk.
- What Theia does in your WhatsApp. Theia receives your chats as any linked device does, but it keeps messages only from the chats you choose. It doesn’t send, reply to, react to or forward messages, and it doesn’t mark them as read. To work, it asks WhatsApp for your chat list, for earlier messages of the chats you choose and for profile pictures. To get a person’s profile picture, it may send WhatsApp the same privacy token request that WhatsApp’s own app sends when you message someone. That request is not a message to that person.
- Your right to share chats. The other people in your chats haven’t agreed to Theia. You confirm that you have the right to let Theia read and keep the chats you choose, including other people’s messages in them, for your personal use, and that you will follow any laws that require you to tell them or get their consent (Section 10.3).
- Stopping. You can unchoose a chat or remove a WhatsApp account in Theia, or remove Theia from Linked devices on your phone, at any time. Each one stops Theia from reading new messages from that chat or account. None of them deletes what Theia already saved (Section 22). Removing an account in Theia asks WhatsApp to remove Theia from your linked devices. You can also remove Theia from Linked devices on your phone.
- Changes by WhatsApp. WhatsApp can change or stop how linked devices work at any time. Theia may then miss messages, need you to link again or stop working with WhatsApp (Section 10.4).
12. Text messages and phone callsLink to this section: 12. Text messages and phone calls
These are the terms of Theia’s text-message and call program. They add to the rest of these Terms.
- The program. Theia’s text-message and call program is operated by Secure Data Solutions LLC. Texts and calls come from Theia’s phone number or numbers, except a verification code for a child’s number, which comes from our provider Twilio. Texts may reach you by SMS, RCS or iMessage.
- What we send.
- Replies to messages you send Theia.
- Codes to confirm phone numbers.
- Confirmations and notices about your account and the actions you ask Theia to take.
- Reminders set by you or by a Family Adult, and, for a child’s number, reminders set by the parent or guardian who added it or by another adult in a family with them (Section 9.7).
- Reminder and wake-up phone calls.
We don’t send marketing texts or marketing calls. If we ever want to, we will first ask for your separate written consent.
- Your consent.
- By texting Theia’s number, you agree to receive replies and related texts at that number.
- Reminders are part of Theia. By linking a phone number to your account, you agree that Theia may send texts to that number and make automated reminder calls to it, including calls that use an artificial (computer-generated) voice, for the reminders and account messages described above. Linking a number turns on reminders by text and by call for that number. To stop them, delete the reminders, unlink the number or text STOP. For reminders Family Adults set for you, which you can’t delete, turn off "Family can set reminders for me" or stop reminders from one adult (Section 9.7). Unlinking the number or texting STOP stops only their texts and calls to that number: they then come by email, until you turn off that switch, stop that adult or unsubscribe from that adult’s reminder emails.
- You choose how each reminder you set reaches you; for a reminder a Family Adult sets for you, they choose. If the way chosen can’t deliver a reminder, Theia may use another way that is set up for you instead: a text or a call to your linked number, or an email. For example, a reminder chosen as a text or an email may come as an automated call.
- You don’t have to agree to texts or calls to use Theia on the web, and you never have to agree to them to buy anything.
- How often. Message frequency varies with how you use Theia and the reminders that are set.
- Cost. Message and data rates may apply, including international rates for numbers outside the United States. Theia doesn’t charge you for texts or calls, but your mobile carrier’s rates apply.
- How to stop.
- Delete or change your reminders in Theia, or unlink the number (text UNLINK, or remove it in Theia).
- For reminders Family Adults set for you, turn off "Family can set reminders for me", or stop reminders from one adult (Section 9.7). You can’t delete a reminder another adult set.
- Or text STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPT OUT or REVOKE), or a plain request such as "stop texting me", as a message by itself. Theia stops texts and reminder calls to that number right away and sends one message confirming it. Reminders Family Adults set for you then come by email. For a child’s number, this stops reminders from everyone who set them up.
- Or email support@asktheia.com, and we will stop texts and calls to that number promptly.
- Starting again. If you text Theia again after texting STOP, Theia starts texting that number again, and reminder texts and calls to it resume.
- Help. Text HELP for help, or email support@asktheia.com.
- Numbers you add for other people. For every number you give Theia for someone else, you confirm that you are allowed to give it to us and that either the person has agreed to receive Theia’s texts and calls, or you are their parent or legal guardian and agree for them (Section 9). Theia texts a verification code to a new number before it sends reminders to it.
- Changing or losing your number. If you change, give up or lose a phone number, unlink it first or tell us, so Theia doesn’t keep texting or calling whoever gets that number next.
- Delivery. Carriers are not liable for delayed or undelivered messages. We can’t guarantee that any text or call will be delivered (Section 7.4).
- Calls. Reminder calls are automated and use an artificial voice. Theia does not record reminder calls. During a call, press 1 to snooze the reminder for 30 minutes or 2 to dismiss it. If a reminder falls in your quiet hours, Theia holds it and sends it only if your quiet hours end within 15 minutes of its time, unless you allowed a wake-up call to ring during them. A reminder a Family Adult sets for you is never a wake-up call.
- Group chats. Theia answers only in one-to-one chats and never sends anything to a group chat. If Theia’s number is added to an iMessage group, Theia keeps the group’s messages only after a Theia user in the group says Yes in the app (see the Privacy Policy). Theia doesn’t read SMS or RCS group chats. Don’t add Theia to a group chat with people who haven’t agreed.
- Your mobile information. We don’t sell your mobile number, and we don’t share it with third parties for their own marketing. We will not share your consent to receive our texts with any third party for purposes unrelated to providing Theia to you. Our service providers process your number and messages to provide Theia. Some of their terms also let them use what they receive for their own purposes, such as securing or improving their services, as the Privacy Policy explains.
13. Your ContentLink to this section: 13. Your Content
- You own Your Content. Between you and us, you keep all the rights you have in Your Content. We don’t claim ownership of it.
- The permission you give us. You give us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit and display Your Content, and to make copies and results from it (such as cards, summaries and search indexes), only as needed to:
- provide Theia to you, including the features you use, the support you ask for, and the reminders and messages you direct Theia to send;
- show your family items, the items you share or assign through Family, the emails and attachments behind them and the parts of your profile Section 9.6 lists to the Family Adults who can see them, and let them use those items as Section 9.6 describes;
- keep Theia and its users safe and secure, prevent abuse and fraud, and investigate and fix problems; and
- comply with the law and enforce these Terms.
Our service providers may do these things for us, for these purposes. Some of their terms also let them use what they receive for their own purposes, such as securing or improving their services, as Section 14.2 and the Privacy Policy explain. This license ends when Your Content is deleted from our systems, except for copies we are allowed or required to keep as the Privacy Policy explains (for example, backups for a limited time, or where the law requires). We do not use Your Content for advertising, and we do not sell it.
- Usage statistics. We may count and measure how Theia is used, for example how many reminders were delivered or how often a feature fails. These statistics do not include Your Content and do not identify you.
- Output. Between you and us, you may use Output for any lawful purpose, and we assign to you any rights we have in it. Output may not be unique, may be similar to Output for other people, may not be protected by copyright, and can be wrong (Section 7).
- Your responsibility. You are responsible for Your Content and for having the rights needed to give it to Theia. We don’t review everything in Theia, but we may act on content that breaks these Terms or the law.
14. No AI training on Your ContentLink to this section: 14. No AI training on Your Content
- We do not use Your Content to train, fine-tune or otherwise develop artificial-intelligence models, whether ours or anyone else’s, and we do not sell Your Content, or give it to anyone, for that purpose.
- Other companies. Theia’s AI features work by sending the parts of Your Content that a request needs to AI and speech services run by other companies. Every request Theia sends through its AI gateway is marked so that the gateway sends it only to AI model providers that have agreed not to train on it. Our speech provider is not reached through the gateway, and reminder calls also send the audio of the reminder to our calling provider. These companies may keep what they receive for periods set by their own terms, for example to detect abuse or meet legal obligations, and for some of them that period is not fixed. Some of their terms also let them use what they receive for their own purposes, such as securing or improving their services, and our calling provider’s terms let it use call content and call data to prevent fraud and abuse, including training related models, and to improve its products and services. The Privacy Policy names each of these companies and explains what each one receives and how long it may keep that information, and its section "Some providers keep rights of their own" explains what their terms allow.
- This promise covers all Your Content we hold, including after you stop using Theia. If it ever changes, the change will apply only if you give your express, opt-in permission, and never to content we received before you gave it.
15. PrivacyLink to this section: 15. Privacy
- Private unless you share. Other Theia users can’t see Your Content, except that Family Adults see your family items, the items you share with them and parts of your profile, as Section 9.6 and the Privacy Policy describe, and messages you send to an iMessage group with Theia in it can give dates and tasks to other Theia users in that group who say Yes. Otherwise, people see only what you send through Theia. For example, a reminder you send someone includes the words of the reminder and your display name (if you have set one), a child whose number you link sees your display name in the reminders you send them, and events Theia adds to your Google Calendar can be seen by anyone who can see that calendar. Anyone who can text from a number linked to your account can use Theia as you (Section 5.3), so unlink any number you no longer control. Apart from the uses by service providers that the Privacy Policy describes, we don’t give Your Content to other companies for their own use.
- Not sold, not for ads. We don’t sell your personal information, share it for advertising or give it to data brokers. Theia has no ads.
- Service providers. Companies that provide services to us, such as hosting, storage, AI, messaging, calling, voice, web search and email, handle your information to run Theia for you. Some of them can also use what they receive for their own purposes, such as securing or improving their services (Section 14.2), and our web search provider has not agreed to limits on how it uses the search words it receives. The Privacy Policy lists them and explains what they receive. Our Consumer Health Data Privacy Policy explains how we handle health information.
- Our staff. Our staff access Your Content only when needed to help you when you ask, to investigate and fix problems, to keep Theia secure, or to comply with the law. For information from your Google account, we follow Google’s stricter limits described in the Privacy Policy.
- Security. We use safeguards, such as encryption in transit and access controls, but no system is perfectly secure. We will notify you of a security breach affecting your information as the law requires.
16. Acceptable useLink to this section: 16. Acceptable use
Don’t use Theia to do any of the following, or help anyone else do it:
- break the law or violate anyone’s rights, including their privacy and intellectual-property rights;
- connect accounts, chats or phone numbers you don’t have the right to use, or give Theia other people’s information you don’t have the right to share;
- text, call, email or remind anyone who hasn’t agreed, or who has asked you or Theia to stop, except that you may invite someone you know to a family if they haven’t asked you to stop;
- harass, threaten, stalk, spy on, track or monitor anyone, including a partner or another adult, without their knowledge and any consent the law requires;
- make or significantly influence decisions about anyone’s job, housing, credit, insurance, education, healthcare or legal rights;
- try to trick Theia into ignoring its rules or revealing its instructions (sometimes called "jailbreaking" or "prompt injection"), including by hiding instructions in files, emails or web pages;
- create, store or send sexual content involving minors, content that exploits or endangers children, or any other unlawful content;
- upload viruses or other harmful code, or disrupt, overload or damage Theia or the systems it relies on;
- probe, scan or test Theia for weaknesses without our written permission (if you find a security problem, please tell us at support@asktheia.com);
- access Theia with bots, scrapers or other automated means, except through features we provide, create accounts automatically, or get around usage limits or security measures;
- copy, change, reverse engineer or decompile Theia, except where the law allows it despite this restriction;
- resell, rent, sublicense or otherwise offer Theia to others;
- send spam or bulk messages through Theia; or
- impersonate anyone, or mislead people about who is contacting them.
If you break these rules, we may remove content, limit features, or suspend or close your account (Section 21).
17. Our software, brand and your feedbackLink to this section: 17. Our software, brand and your feedback
- Our property. Theia, including its software, design and the Theia name and logos, belongs to us or our licensors. We give you a limited, personal, non-exclusive, non-transferable and revocable license to use Theia as these Terms allow. We keep all other rights. Some parts of Theia use open-source software, which is covered by its own licenses.
- Feedback. If you send us ideas, suggestions or feedback about Theia (including notes about a card or an answer), we may use them to improve Theia without paying you. This permission covers only the feedback itself, not the rest of Your Content. When you send feedback about a specific card or answer, we may look at that card or answer to understand your feedback. We won’t publish your feedback in a way that identifies you without your permission.
18. FeesLink to this section: 18. Fees
- Theia is free during beta. We don’t charge for Theia today.
- If we add paid plans or features, we will tell you the price and the terms clearly before you sign up, and we will charge you only if you expressly agree. A feature you use for free won’t become paid without advance notice. If a paid plan renews automatically, we will explain the renewal terms and how to cancel before you sign up, get your consent as the law requires, and let you cancel online.
- Your mobile carrier and internet provider may charge you for data, texts and calls (Section 12.5).
19. Beta, availability and changes to TheiaLink to this section: 19. Beta, availability and changes to Theia
- Theia is in beta. It is new and still changing. It may have bugs, and it may sometimes be slow or unavailable.
- Changes. We may add, change, limit, suspend or remove features. If we plan to stop offering Theia entirely, we will tell you at least 30 days in advance where practicable.
- Limits. We may set reasonable limits on use, such as how many messages you can send in a period or how large a file can be.
- We don’t promise that Theia will always be available or work without interruption.
20. Changes to these TermsLink to this section: 20. Changes to these Terms
- We may update these Terms from time to time. The "Last updated" date at the top shows when they last changed. We keep earlier versions available.
- Material changes. If we make a change that materially affects your rights, we will tell you at least 30 days before it takes effect, by email and in Theia, and we may ask you to accept the updated Terms. If you don’t agree, stop using Theia; you can also ask us to delete your account (Section 21). The updated Terms apply to you once you accept them, or if you keep using Theia after the effective date stated in our notice.
- Other changes. Changes that don’t materially affect your rights, such as clarifications or changes the law requires, take effect when we post them.
- No surprises. A change to these Terms never applies to a dispute that either of us had already notified to the other, or filed, before the change took effect. Section 26.13 explains your right to reject changes to the arbitration agreement. We will never use a change to these Terms to weaken our promises in Section 14.
21. Deleting your account, suspension and terminationLink to this section: 21. Deleting your account, suspension and termination
- You can stop at any time. You can stop using Theia, disconnect Connected Accounts, unlink phone numbers and turn off messages at any time. Stopping use of Theia does not delete your account or Your Content. To delete your account, email support@asktheia.com from your account’s email address (a way to do this inside Theia isn’t available yet). Deleting your account deletes Your Content within 7 days, as the Privacy Policy explains (Section 22). If you own a family, deleting your account ends it; if you are a member, it takes you out. Nothing is deleted from the Family Adults’ own information, and what they already received can’t be recalled.
- We may suspend or close your account if:
- you break these Terms or the law;
- it is needed to protect you, other people, Theia or our service providers, for example because of a security risk, fraud or abuse;
- the law or one of our providers requires it; or
- we stop offering Theia.
When it is reasonable, we will tell you why and give you a chance to fix the problem first, unless that would create a risk or the law does not allow it. If you think we made a mistake, contact support@asktheia.com.
- Sections of these Terms that by their nature should continue after your account ends, or after you stop using Theia, will continue. This includes Sections 2, 13 (until Your Content is deleted), 14, 17.2, 21 to 27 and 31 to 33, and the confirmations you give in Sections 9 to 12.
22. What happens to your dataLink to this section: 22. What happens to your data
- We keep Your Content until you delete it. Theia keeps Your Content until you delete it in Theia (where Theia offers a way) or ask us to delete it, for example by asking us to delete your account. What you delete in Theia is deleted right away. Theia doesn’t delete Your Content automatically after a set time, except in the cases the Privacy Policy describes.
- Disconnecting is not deleting. Disconnecting a Connected Account, unlinking a number, leaving or being removed from a family, ending a family, archiving a conversation, dismissing a card or simply no longer using Theia does not delete Your Content. Deleting something at its source, for example deleting an email in Gmail, doesn’t delete Theia’s copy, except that Theia clears the words of a WhatsApp message deleted for everyone (see the Privacy Policy).
- How to delete. Theia lets you delete some things yourself, such as photos and files you added. For anything else, or to delete your account and all your data, email support@asktheia.com from your account’s email address and tell us what you want deleted. We will delete it within 7 days after we confirm your request, and tell you when we have done it. The Privacy Policy explains how long deletion takes and what may remain afterwards, such as copies in our backups for a limited time, copies our service providers keep under their own terms, and information we must keep for legal reasons (for example, records of consent to texts and calls, or information needed to resolve a dispute).
- Copies. You can ask for a copy of your personal information as the Privacy Policy describes.
- If we suspend or close your account, you can still ask us to delete Your Content.
- Deletion is permanent. Once we delete something, we can’t bring it back.
23. DisclaimersLink to this section: 23. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THEIA IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THEIA OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY REMINDER, TEXT, CALL OR EMAIL WILL BE DELIVERED, OR THAT GOOGLE, WHATSAPP, APPLE, MOBILE CARRIERS OR OTHER THIRD-PARTY SERVICES WILL CONTINUE TO WORK WITH THEIA.
This section does not limit the specific commitments we make in these Terms, such as our promises in Sections 13, 14 and 15, and it does not limit any warranty or right that the law does not allow us to limit.
24. Limitation of liabilityLink to this section: 24. Limitation of liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THEIA OR THESE TERMS.
- TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THEIA OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THEIA IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) US$100.
- These limits apply to every legal theory (contract, tort, statute or anything else), even if we were told the damage was possible, and even if a remedy fails of its essential purpose.
- What these limits do not cover. Sections 24.1 to 24.3 do not apply to, and do not limit, our liability for:
- death or personal injury caused by our negligence;
- our fraud or fraudulent misrepresentation;
- our gross negligence, willful misconduct or intentional wrongdoing;
- our violation of law, where the law does not allow our liability to be limited; or
- any other liability that cannot be limited or excluded under applicable law.
25. IndemnityLink to this section: 25. Indemnity
- To the extent permitted by law, you agree to compensate us for losses, including reasonable legal fees, from claims brought by third parties that arise from:
- your breach of these Terms;
- your violation of the law or of someone else’s rights; or
- content, accounts, chats or phone numbers that you connected, added, sent to Theia or shared through Family without the right to do so, including phone numbers and email addresses of people who had not agreed to hear from Theia.
- This does not apply to the extent a claim was caused by our own breach of these Terms, our negligence or our misconduct.
- We will tell you about the claim promptly and control its defense. You may take part with your own lawyer at your own cost. We will not settle a claim in a way that admits fault on your behalf or requires you to pay, without your consent.
26. Dispute resolution: arbitration agreement and class action waiverLink to this section: 26. Dispute resolution: arbitration agreement and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT.
26.1 Try to resolve it with us firstLink to this section: 26.1 Try to resolve it with us first
- Before either of us starts an arbitration or a court case about a Dispute (defined in Section 26.2), other than in small-claims court, the person or company making the claim must first send the other a written Notice of Dispute.
- Send notices to us at legal@asktheia.com. You may also send a copy by mail to our mailing address.
- We will send notices to you at your account’s email address.
- The Notice must include:
- the claimant’s name;
- the email address and any phone number linked to the claimant’s Theia account;
- a description of the claim; and
- the relief requested.
It must be personally signed by the claimant (an electronic signature is fine), or for us by an authorized representative, and also by the claimant’s lawyer if they have one.
- We will each try in good faith to resolve the Dispute for 45 days after the Notice is received. Either of us may ask for a phone or video call during this time.
- Statutes of limitation and any filing-fee deadlines are paused from the day the Notice is received until the 45 days end.
- A court or arbitrator may pause an arbitration or case that is started before this process is complete.
26.2 Agreement to arbitrateLink to this section: 26.2 Agreement to arbitrate
- You and we agree that any dispute, claim or controversy arising out of or relating to your use of Theia, our provision of Theia to you, any payment for Theia, or these Terms (each a "Dispute") will be resolved by binding individual arbitration, not in court, except as Section 26.3 says.
- This agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 and following).
- YOU AND WE ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND HAVE A JUDGE OR JURY DECIDE THESE DISPUTES. In arbitration, a neutral arbitrator decides the Dispute, and there is less discovery and more limited appeal than in court. An arbitrator can award you the same individual damages and relief that a court could.
26.3 What is not covered by arbitrationLink to this section: 26.3 What is not covered by arbitration
- Small claims. Either of us may bring an individual claim in small-claims court in the county where you live or another court with jurisdiction, as long as the claim stays in that court and is not moved or appealed to a court of general jurisdiction.
- Public injunctive relief. Requests for public injunctive relief are handled as Section 26.10 says.
- Temporary court orders. Either of us may ask a court for temporary or preliminary relief needed to protect our rights while an arbitration is pending.
- Sexual harassment and sexual assault. A person bringing a claim of sexual harassment or sexual assault may choose to bring it in court, as federal law allows.
26.4 Rules and arbitration providerLink to this section: 26.4 Rules and arbitration provider
- The arbitration will be run by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules (together, the "AAA Rules"), as changed by this Section 26. The AAA Rules are available at https://www.adr.org (opens in a new tab).
- If the AAA cannot or will not run the arbitration, you and we will agree on another neutral provider. If we cannot agree, a court will appoint one under 9 U.S.C. § 5.
- A single neutral arbitrator will decide the Dispute according to applicable law and these Terms. The arbitrator will write a decision that explains the main findings. Judgment on the award may be entered in any court with jurisdiction.
26.5 Starting arbitrationLink to this section: 26.5 Starting arbitration
After the 45-day period in Section 26.1 ends, the claimant may start arbitration by filing a demand with the AAA and sending a copy to the other side. Demands against us must be copied to legal@asktheia.com.
26.6 Fees and costsLink to this section: 26.6 Fees and costs
- The AAA Rules limit the fees you pay to start a consumer arbitration. We will pay all other AAA fees and the arbitrator’s compensation.
- If you start an arbitration for a claim of US$10,000 or less, we will reimburse your AAA filing fee when the arbitration ends, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose.
- Each of us pays our own lawyers’ fees and costs, unless the arbitrator awards them to you under a law that allows it. We will not seek our lawyers’ fees or costs from you, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose, and then only where the law allows.
26.7 Hearings and locationLink to this section: 26.7 Hearings and location
The arbitration will be held by video, by phone or on written submissions, unless the arbitrator decides that an in-person hearing is needed. Any in-person hearing will take place in the county where you live, or at another place we both agree on.
26.8 Who decides whatLink to this section: 26.8 Who decides what
- The arbitrator decides all issues about the Dispute, including whether a claim must be arbitrated and whether this Section 26 is valid and enforceable.
- Only a court may decide:
- whether Sections 26.9 (individual claims only), 26.10 (public injunctive relief) or 26.11 (mass filings) are enforceable, apply to a claim, or must be severed; and
- whether you and we formed an agreement to arbitrate.
26.9 Individual claims only: class action waiverLink to this section: 26.9 Individual claims only: class action waiver
- YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN OUR INDIVIDUAL CAPACITIES, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
- There will be no class arbitration. Grouping claims for administration under Section 26.11 is not a class proceeding.
- The arbitrator may award relief only to the individual party asking for it, and only to the extent needed to provide relief on that party’s own claim.
- If a court decides, after all appeals, that this Section 26.9 cannot be enforced for a particular claim or request for relief, then that claim or request (and only that one) will be decided by a court under Section 27 and not in arbitration. It will be paused until any individual claims in arbitration are decided.
26.10 Public injunctive reliefLink to this section: 26.10 Public injunctive relief
Where applicable law does not allow a waiver of your right to seek public injunctive relief (relief whose main purpose and effect is to stop unlawful acts that threaten future injury to the general public), any request for that relief will be separated from the arbitration and decided by a court under Section 27. It will happen only after the individual claims are decided in arbitration, and the court case will be paused until then. The arbitrator may still award individual injunctive relief.
26.11 Mass filingsLink to this section: 26.11 Mass filings
- When this applies. This Section 26.11 applies if 25 or more demands for arbitration raising similar claims are filed against us, or by us, by or with the help of the same or coordinated lawyers or organizations (a "Mass Filing"). The AAA’s Mass Arbitration Supplementary Rules and its mass arbitration fee schedule will then apply, as changed by this section.
- Each claimant’s own Notice. Each claimant must have sent their own Notice of Dispute under Section 26.1.
- Batches. The AAA will group the demands into batches of no more than 100 (or another number that you, we and the AAA agree on). One arbitrator will be assigned to each batch. Each claimant’s claim will still be decided on its own facts, with its own award. Batches may proceed at the same time. The result in one batch does not bind any claimant in any other batch.
- Tolling. The statute of limitations for each claim in a Mass Filing is paused from the day the claimant’s Notice of Dispute is received until the claim is decided.
- Fees. We will pay the fees the AAA’s mass arbitration fee schedule assigns to us. Your fees are limited as Section 26.6 says.
- Administration. Apart from the questions Section 26.8 reserves for a court, disagreements about administering a Mass Filing will be decided by a process arbitrator under the AAA Rules.
- Severability. If a court decides that any part of this Section 26.11 cannot be enforced for a claim, that part will not apply to that claim, and the rest of this Section 26 will still apply.
26.12 Your right to opt out within 30 daysLink to this section: 26.12 Your right to opt out within 30 days
- You can opt out of this arbitration agreement by sending us a notice within 30 days after the day you first accept these Terms.
- Email it to legal@asktheia.com, or mail it to our mailing address (Section 1).
- Include your name, your account’s email address and, if you have one, a phone number linked to your account, and a clear statement that you want to opt out of arbitration.
- An opt-out that reasonably identifies you and clearly says you want to opt out of arbitration is valid even if a detail is missing.
- If you opt out, Disputes will be resolved in court under Section 27, and the rest of these Terms will still apply.
- Opting out does not affect any other agreement you have with us.
26.13 Changes to this Section 26Link to this section: 26.13 Changes to this Section 26
- If we change this Section 26 (other than to update our contact details), you may reject the change by emailing legal@asktheia.com within 30 days after the change takes effect. If you reject it, the version of this Section 26 you last accepted will keep applying to you.
- A change never applies to a Dispute that either of us had already notified to the other, or filed, before the change took effect.
26.14 Severability of this SectionLink to this section: 26.14 Severability of this Section
Except as Sections 26.9, 26.10 and 26.11 say, if any part of this Section 26 is found unenforceable, that part will be removed and the rest of this Section 26 will still apply.
26.15 SurvivalLink to this section: 26.15 Survival
This Section 26 continues to apply after your account is closed or deleted and after you stop using Theia.
27. Governing law and courtsLink to this section: 27. Governing law and courts
- The Federal Arbitration Act governs Section 26.
- Wyoming law. Otherwise, these Terms and any Dispute are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. This does not take away the protection of any law of the state where you live that cannot be waived by contract. If you live in California and the Dispute arises there, California law applies where California law requires it.
- Courts. Any Dispute that is not arbitrated will be decided in the state or federal courts for the county in the United States where you live, or, if you prefer, in the state or federal courts located in Sheridan County, Wyoming. You and we agree to the personal jurisdiction of these courts. You may always use small-claims court in the county where you live.
- Jury. To the extent the law allows, you and we waive any right to a jury trial in any court case about a Dispute.
28. Copyright complaintsLink to this section: 28. Copyright complaints
- We respect intellectual-property rights. Most content in Theia is private to the person who added it. If you believe something in Theia infringes your copyright, send a notice to our copyright agent that includes:
- your physical or electronic signature, or the signature of someone authorized to act for you;
- a description of the copyrighted work;
- a description of the material you believe infringes it, and enough information for us to find it;
- your name, address, telephone number and email address;
- a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
- Copyright Agent: Secure Data Solutions LLC, Attn: Copyright Agent, San Francisco, California; mailing address: 30 N Gould St #66905, Sheridan, WY 82801, USA; email: legal@asktheia.com.
- Counter-notices. If we remove material you added because of a notice and you believe it was removed by mistake, you may send us a counter-notice to the same address. It must include:
- your physical or electronic signature;
- a description of the removed material and where it appeared;
- a statement, under penalty of perjury, that you have a good-faith belief it was removed by mistake or misidentification; and
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you live outside the United States, any judicial district where we may be found) and that you will accept service from the person who sent the original notice.
- We may close the accounts of people who repeatedly infringe others’ rights.
- Knowingly false notices or counter-notices can lead to liability under federal law.
29. Export controls and sanctionsLink to this section: 29. Export controls and sanctions
You confirm that you are not located in a country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You will not use or export Theia in violation of U.S. export control or sanctions laws.
30. App storesLink to this section: 30. App stores
If we offer a Theia app through an app store and you download it there, you must also follow that app store’s terms. Section 26 still applies to any Dispute between you and us.
Apple. If you get a Theia app from Apple’s App Store:
- These Terms are between you and us, not Apple. Apple is not responsible for the app or its content.
- Your license to use the app is limited to Apple-branded products that you own or control, as the App Store’s usage rules allow.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to meet any warranty that applies, you may notify Apple, and Apple will refund any purchase price you paid for the app. To the extent the law allows, Apple has no other warranty obligation for the app.
- Apple is not responsible for addressing any claims by you or anyone else relating to the app, including product-liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer-protection, privacy or similar laws.
- Apple is not responsible for investigating, defending, settling or discharging any claim that the app infringes someone’s intellectual-property rights.
- You confirm the statements in Section 29.
- Our name, address and contact details are in Section 1.
- You must follow any third-party terms that apply when you use the app, such as your wireless data agreement.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
31. Electronic communications and noticesLink to this section: 31. Electronic communications and notices
- Electronic communications. You agree that we may communicate with you electronically: by email to your account’s email address, by notices in Theia, and by text for the service messages described in Section 12. Agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing, to the extent the law allows. To receive and keep our electronic communications, you need a device with internet access, a current web browser and an email account. You can save or print these Terms, or ask us for a free paper copy at support@asktheia.com. You can withdraw your consent to electronic communications by asking us to delete your account, because we cannot provide Theia without it.
- Emails. You can turn off digests in Theia, and unsubscribe from emails about news and features using the link in each such email. You can’t opt out of essential messages while you have an account, such as security, account and legal notices.
- Notices to you. We will send notices to your account’s email address or show them in Theia. A notice by email is given when we send it, so keep your email address up to date.
- Notices to us. Send legal notices to legal@asktheia.com. You may also send a copy by mail to our mailing address in Section 1.
32. State-specific noticesLink to this section: 32. State-specific notices
- California. Under California Civil Code § 1789.3, California users are entitled to this notice:
- Theia is provided by Secure Data Solutions LLC, San Francisco, California; mailing address: 30 N Gould St #66905, Sheridan, WY 82801, USA; email: support@asktheia.com.
- Theia is currently free. If that changes, we will disclose the charges before you agree to pay them (Section 18).
- To make a complaint or get more information about Theia, email support@asktheia.com or write to that mailing address.
- You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- New Jersey. If you live in New Jersey, Sections 23 (Disclaimers), 24 (Limitation of liability) and 25 (Indemnity) apply only to the extent New Jersey law permits. Nothing in them limits any rights you have under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act.
- Other states. Some state laws give you rights that a contract cannot take away. These Terms do not limit those rights (Section 27.2).
33. General termsLink to this section: 33. General terms
- Entire agreement. These Terms, including the text-message and call terms in Section 12 and any feature terms we show you under Section 3.3, are the whole agreement between you and us about Theia. They replace any earlier agreements about it. The Privacy Policy is a separate notice.
- Transfer. You may not transfer these Terms or your account to anyone else. We may transfer these Terms as part of a merger, acquisition, reorganization or sale of assets, or by operation of law, and we will tell you if we do. Anyone who takes over these Terms must keep our promises about Your Content in Sections 13, 14 and 15.
- No waiver. If we don’t enforce part of these Terms, that doesn’t mean we give up the right to enforce it later.
- Severability. Except as Section 26 says, if a court finds part of these Terms unenforceable, that part will be enforced to the greatest extent possible or removed, and the rest of these Terms will still apply.
- Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, power or internet outages, failures of mobile carriers, Apple, Google, WhatsApp or our service providers, labor disputes, government action, or attacks on our systems. This does not excuse our duty to use reasonable safeguards to protect your information.
- Relationship. You and we are independent parties. These Terms don’t create a partnership, joint venture, employment or agency relationship. Theia acts for you only to read what you connect or send to it and to carry out the actions you ask for.
- No third-party beneficiaries. Nobody other than you and us has rights under these Terms, except Apple as Section 30 says.
- Reviews. Nothing in these Terms stops you from posting honest reviews of, or comments about, Theia.
- Headings and language. Headings are for convenience only. If we provide a translation of these Terms, the English version controls where they differ.
34. Contact usLink to this section: 34. Contact us
Secure Data Solutions LLC
San Francisco, California
Mailing address: 30 N Gould St #66905, Sheridan, WY 82801, USA
- Help, account and privacy requests: support@asktheia.com
- Legal notices, arbitration opt-outs and copyright notices: legal@asktheia.com
- General questions: contact@asktheia.com