Privacy & terms

Terms of Use

Last Update: October 31st, 2024

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By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these terms, please refrain from using the website.

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1. Introduction

Welcome to Theneo!

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These Terms of Use ("Terms") constitute a legally binding agreement between You ("User" or "You") and Theneo Inc. ("Theneo," "Company," "we," "our," or "us") governing Your use of the Theneo Website (https://www.theneo.io) (the “Website”) and services (collectively, the "Platform").

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Theneo.io is a platform operated by Theneo Inc., a Company duly incorporated under the laws of Delaware, with a registered office at 7511 Greenwood Ave, Seattle WA, 98103.

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2. General Provisions

BEFORE ACCESSING OR USING ANY TOOLS, FUNCTIONS, OR SERVICES PROVIDED BY THIS WEBSITE, YOU MUST CAREFULLY READ AND AGREE TO ALL THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT. BY ACCESSING OR USING ANY PART OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO REGISTERING AS A USER, UTILIZING ANY TOOLS OR SERVICES, OR VIEWING ANY CONTENT, YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE.

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For account registration on the Platform, You will be required to confirm that You have read both these User Terms and the Privacy Policy ("Privacy Policy"), which can be accessed at https://app.theneo.io/signup, and that You agree to be bound by them.

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We reserve the right to amend or modify this Agreement at any time without prior notice. It is Your responsibility to review this Agreement each time You use the Platform. Registration on the Website or the continued use of any tools, functionalities, or services, or viewing any content on the Platform after any modifications constitute Your acceptance of the revised terms and conditions.

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You are granted a non-exclusive, non-transferable, and revocable license to access and use this Platform in accordance with this Agreement. Your use of the Platform is strictly limited to personal, non-commercial purposes.

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3. User Accounts and Eligibility Requirements

Eligibility: To access and use our Platform, you must be at least 18 years old and capable of forming a legally binding contract. If you are under 18, you must obtain prior consent from your parent or legal guardian to use the Platform's services.

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If you are using the Platform on behalf of a company or other legal entity, you must have the authority to bind that entity to these Terms of Use. In this case, references to "you" or "your" in these Terms will include both you personally and the entity you represent.

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While we are not obligated to verify that parental consent or authority from a company/legal entity has been granted, we reserve the right to verify your eligibility to use the Platform. If we determine that you do not meet the eligibility requirements, we may suspend or terminate your access to the Platform.

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Account Registration: To access and use the Platform, you must first create an account by providing your FULL NAME, EMAIL ADDRESS, and PASSWORD. By completing the registration process, you acknowledge and agree to the terms outlined in our Privacy Policy and Terms of Use.

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After submitting your information, you will receive an email with a verification link or code. You must verify your email address by clicking the link or entering the code to activate your account. Once verified, your account (“User Account”) will be activated, and you will gain access to the Platform.

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Intended Use Options: Upon activation, you will be prompted to select the intended use of the Platform. You have the following options:

1. Personal Use: If you intend to use the Platform for personal purposes, you will proceed with a personal account setup. This option allows you to access and utilize the Platform’s features tailored for individual users.
2. Corporate Use: If you are using the Platform on behalf of a company or other legal entity, you must provide the name of your company. You will then have the option to:
   • Join an Existing workspace: If your company already has an established account on the Platform, new users with a matching company email domain can either join the existing workspace or be invited directly. During the account creation process, users can choose the relevant workspace.
   • Create a New workspace: If your company does not yet have a workspace on the Platform, you can create a new one. During this process, you will be required to provide the email addresses of any collaborators you wish to invite. You will also have the option to configure workspace-specific settings and permissions.

By creating an account, You agree to:

• (i) Provide accurate, current, and complete account information about Yourself ("User Information");
• (ii) Maintain and promptly update Your User Information as necessary;
• (iii) Maintain the security of Your login credentials, wallet, or private keys and accept all risks of unauthorized access to Your Account and the information You provide to us; and
• (iv) Notify Us immediately if You discover or suspect any security breaches related to the Service or Your Account.

You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a third-party social media service. You are solely responsible for any activity on Your account and for maintaining the confidentiality and security of Your password. We are not liable for any acts or omissions by You in connection with Your account, including unauthorized access or misuse.

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We reserve the right to suspend or terminate Your User Account if We have reasonable grounds to suspect that the information You provide is inaccurate, incomplete, or fraudulent.

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You are permitted to have multiple accounts on the Platform; however, we reserve the right to block or restrict multiple accounts at our sole discretion if deemed necessary.

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All personal information provided in your User Account will be handled and processed in accordance with Theneo’s Privacy Policy.

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4. Personal Use

If you intend to use the Platform for personal purposes, you will proceed with a personal account setup. Personal Use grants individual users access to the Platform’s features and functionalities specifically designed for non-corporate, individual needs.

4.1 Personal Account Setup

When setting up a personal account, you will be required to register independently by providing your full name, email address, and password. You must ensure that all provided information is accurate, current, and complete.

4.2 Features and Access

As a personal user, you will have access to features designed for individual usage, which may include, but are not limited to:

• Viewing and interacting with content available on the Platform
• Managing your personal preferences and settings
• Engaging with any personalized tools or services offered
• Participating in any user-specific activities available within the Platform

4.3 Personal Account Responsibilities

As a personal account holder, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to:

• Notify us immediately of any unauthorized access to or use of your account
• Maintain up-to-date information in your account profile
• Use the Platform solely for personal, non-commercial purposes in accordance with these Terms

We reserve the right to suspend or terminate your personal account if we determine that it has been misused or if the provided information is found to be inaccurate or incomplete.

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5. Corporate Use and Workspace Members

Within the corporate use of the Platform, various user roles are established to facilitate different levels of access and functionality. The Platform supports the following user roles/workspace members: Admin, Guest, Editor, and Billing Manager. Each role has distinct permissions and responsibilities, detailed below.

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Admin: Admins are assigned the highest level of access within the Platform and bear full responsibility for creating and managing workspaces, inviting and managing collaborators or workspace members, enabling 2FA, and overseeing all corporate account functionalities. Admins exercise full control over access permissions, user roles, and account settings.

• Workspace Creation: The Admin role is automatically granted to the individual who registers and creates the Workspace on the Platform.
• Inviting Workspace Members: Admins possess the authority to invite additional members to the Workspace. Each invited member is required to register on the Platform and provide the necessary details, including the company name, in compliance with the "User Accounts and Eligibility Requirements" clause of these Terms of Use.
• Role Assignment: Admins have the right to assign or revoke the roles of Admin, Editor, and Guest of other Workspace members at any time, based on the operational needs of the Workspace.
• Multiple Admins: There may be multiple Admins appointed within a single Workspace, allowing for shared administrative duties as necessary.

Editor Permissions and Responsibilities

Editor Role: An Editor is a user with advanced permissions for either the entire workspace or specific projects. Editors can be invited by an Admin or independently register and join the company’s existing workspace using a corporate email domain.

• Workspace-level Invitation: An Admin can invite Editors to the workspace, granting them access to multiple projects, but only with permissions set for each project.
• Project-level Invitation: Editors may also be invited to individual projects, limiting their access to other workspace projects.

Permissions and Access: Editors can only view or manage projects they’ve been explicitly invited to. Admins, however, have access to all projects. Editors and Guests need to be added to each project for viewing or editing rights.

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Inviting Other Editors: Editors can invite other users to specific projects and assign viewing or editing permissions. However, they cannot invite users to the entire workspace unless given Admin approval.

Project Management: Editors have full control over projects they’re assigned to, including but not limited to:

• Managing project permissions (view/edit/delete)
• Handling version control, changelogs, and automations
• Deleting or duplicating projects, and managing SEO settings

Guest: Guests have view-only access to the workspace and are restricted from making any changes or edits to private and public projects.

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Billing Manager: The Billing Manager, who may either be an Admin or another designated individual, is responsible for overseeing and managing all billing and payment-related functions associated with the corporate account. This includes but is not limited to, managing subscription plans, handling invoices, making payments, and monitoring billing activity.

• Financial Responsibility: The Billing Manager is entrusted with ensuring the accuracy of financial transactions and must maintain the necessary payment methods for the ongoing use of the Platform.

5.1 Role Assignment Accuracy

Incorrect Role Assignment: Admins are responsible for the accurate assignment of roles to Workspace members. The Platform provides functionality to review and modify roles at any time. Any errors in role assignments must be corrected by the Admin. The Platform assumes no liability for misassigned roles or resulting actions taken by such members.

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Unauthorized Access to Financial Information: Admins must ensure that only authorized individuals are granted the Billing Manager role. Any financial losses or data breaches resulting from unauthorized access are the responsibility of the company and its Admin(s). The Platform assumes no liability for such incidents. If any issues arise with reassigning billing manager role, please contact us at hello@theneo.io.

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Unauthorized Role Reassignment by Admin: Admins must ensure that role reassignment is conducted with proper authority and within the scope of their organizational policies. Any unauthorized role changes resulting in access breaches or data loss are the responsibility of the Admin. The Platform provides tools for role management but assumes no liability for unauthorized role changes conducted by Admins.

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5.2 Role Continuity and Admin Management

Admin Leaving Workspace: It is the responsibility of the Admin(s) to ensure that at least one Admin is appointed at all times. Should the sole Admin become inactive or leave the Workspace without assigning a successor, the remaining Workspace members must notify the Platform for reassignment of Admin rights. The Platform is not liable for disruptions caused by the failure to appoint or replace Admins.

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Admin Deactivation Without Prior Notification to Workspace Members: If an Admin deactivates their account without prior notification or assigning a successor, the remaining Workspace members must inform the Platform within 30 days of the deactivation for reassignment of Admin privileges. Failure to do so may result in restricted access to Workspace functionalities until a new Admin is appointed. The Platform assumes no liability for loss of access due to unnotified Admin deactivation.

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Multiple Admins and Shared Responsibilities: Workspaces may appoint multiple Admins to prevent operational delays and ensure continuity of management. Admins are jointly responsible for managing the Workspace and must coordinate the assignment of user roles and permissions. The Platform assumes no responsibility for internal disputes among Admins regarding the management of Workspace members.

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5.3 Conflict Resolution in Role Assignments

Conflicting Role Assignments: A user who is invited as an Editor to a workspace may have editing access to some projects while being invited as a Guest to other projects within the same or different workspaces. Admins are responsible for ensuring clear role assignments.

5.4 Content Management Responsibilities

Unapproved Content Edits by Editors: Editors are responsible for ensuring the accuracy and appropriateness of all content they modify within the Workspace. Admins must monitor the activities of Editors and implement necessary internal review mechanisms to prevent unauthorized content changes. The Platform provides tools for content version history and rollback functionality but assumes no liability for unauthorized or inappropriate content changes made by Editors.

5.5 Guest Access and Invitation Approval

Guest Registration Without Invitation: The Platform assumes no liability for unauthorized access granted to Guests or the misuse of Workspace information by unauthorized users.

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5.6 Billing Manager Responsibilities and Payment Oversight

Billing Manager Inactivity or Neglect: The Billing Manager is responsible for maintaining accurate billing information and ensuring the timely payment of fees associated with the corporate account. Admins must monitor the activity of the Billing Manager and take corrective action if the Billing Manager fails to fulfill their duties. The Platform assumes no liability for missed payments, service interruptions, or financial losses resulting from the Billing Manager’s negligence or inactivity.

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Assignment and Reassignment of Billing Manager: Admins have the authority to assign or reassign the Billing Manager role as necessary. The Billing Manager is responsible for all billing-related tasks, including managing payment methods and overseeing the accuracy of financial transactions. The Platform assumes no responsibility for disputes or errors in billing managed by the assigned Billing Manager.

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Failure to Update Expired Billing Information: The Billing Manager is responsible for ensuring that accurate and up-to-date payment information is maintained on the Platform. In the event that billing information expires, leading to failed transactions or service interruptions, the Platform reserves the right to suspend or terminate services until valid billing details are provided. The Platform assumes no liability for service disruptions resulting from outdated or incorrect billing information.

5.7 Third-Party Services

Our Service may contain links to third-party properties and applications. When You click on a link to a Third-Party Property or Third-Party Application, You are subject to the terms and conditions (including privacy policies) of another property or application.

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The Platform has no control over and assumes no responsibility for, the content, terms and conditions, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

5.8 2-Factor Authentication

Each Company is strongly advised to enable 2-factor Authentication (2FA) on all corporate accounts for enhanced security. Theneo is not responsible for monitoring the activation or deactivation of a company's account domain, and as such, should a company’s domain be deactivated without notice, users may still retain access to the Platform. The implementation of 2FA helps prevent unauthorized access in such instances by requiring additional authentication credentials beyond mere password access.

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If 2FA is not enabled on corporate accounts, Theneo disclaims all responsibility for any unauthorized access, data breaches, or misuse of the account. It remains the sole responsibility of the company to ensure that adequate security measures, including the activation of 2FA, are in place to protect its accounts and data.

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6. Data Migration

If You wish to migrate Your data from another platform to the Theneo Platform, You may submit a migration request. By initiating the migration process, You acknowledge and agree to provide the necessary information and documentation to facilitate the transfer of data. The Platform will assist in this migration subject to the terms and conditions outlined below.

Information Required for Migration: To request a data migration, You must provide the following information accurately:

• Company Name: The full legal name of Your company, as it appears on Your current platform.
• Your Email Address (Corporate Account): A valid corporate email address associated with Your existing account.
• The Platform You Are Migrating From: The name of the platform from which You are requesting the migration.
• A URL to Your Current Documentation: A direct URL link to the relevant documentation, if available, that supports the migration of Your data (e.g., data export files, account settings, or service usage history).

User Responsibility: You are solely responsible for:

• Ensuring the accuracy and completeness of the information provided for the migration.
• Obtaining any necessary permissions or authorizations from the previous platform or service provider to export and transfer Your data.
• Backing up Your data prior to initiating the migration to prevent any loss of information during the process.

Platform's Role and Limitations: The Platform will provide reasonable support to assist in the migration of Your data from the specified platform. Please note that migration assistance is available for a subset of users and may not be provided free of charge for all users. However, the Platform does not guarantee:

• Full compatibility of all features, settings, or content between the previous platform and the Platform.
• The transfer of data in its entirety without any errors, omissions, or formatting issues.
• The preservation of any third-party integrations, custom configurations, or proprietary features unique to the previous platform.

Timeframe and Completion: The timeframe for completing the migration will vary depending on the size of the data and the complexity of the transfer. You will be notified once the migration is complete, at which point You are responsible for reviewing the migrated data and notifying the Platform of any discrepancies or issues within 14 days.

Disclaimer of Liability: The Platform is not liable for any loss, alteration, or corruption of data that occurs during the migration process, nor for any functionality or performance issues arising from the migrated data. You are encouraged to verify the accuracy and integrity of Your data following migration.

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7. Marketing and Promotional Use of Company Name and Logo

By registering on the Platform with a company domain or entering into any partnership with us, you grant us a worldwide, non-exclusive, royalty-free, and irrevocable license to use your company’s name and logo to identify you as a customer of the Platform. This includes, but is not limited to, displaying your company’s name and logo on our website, in marketing materials, case studies, presentations, and other promotional content.

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We may place your company’s name and logo in these materials without additional consent, unless explicitly stated otherwise in a separate written agreement. You acknowledge and agree that such use of your company’s name and logo is for promotional purposes and to showcase our relationship with you as a customer.

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8. Platform's Purpose and Acceptable Use

The Platform and its associated services are intended to be used in accordance with the platform's primary functionalities. Users may engage in various activities such as testing, evaluation, and learning, provided these activities align with the Platform’s usage policies.

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Any actions that disrupt the Platform's normal operations or negatively impact other users’ experiences are strictly prohibited. Should any activities be found to abuse the Platform’s resources or disrupt its performance for other users, we reserve the right to take the following actions:

1. Restrict Access: Suspend or limit the user’s access to the Platform and its services after providing prior notice.
2. Account Termination: Permanently terminate the user’s account in case of repeated abuse or misuse.
3. Legal Action: Pursue legal remedies for damages or losses caused by excessive or unauthorized use.
4. Notification: Report any misuse to relevant authorities or entities as necessary.

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9. Subscriptions and Payments

The Platform offers various subscription plans with different levels of access and features. Details of the subscription plans, pricing, and access levels are available on the Subscription Page at https://www.theneo.io/pricing. You are responsible for reviewing and selecting the plan that best suits Your needs.

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Billing Cycle: Subscription fees are billed in advance on a recurring basis as specified in Your selected plan (e.g., monthly or annually). The billing cycle will start on the date of Your initial subscription and will automatically renew unless canceled in accordance with the cancellation policy outlined below.

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Automatic Renewal: The Paid Subscription is automatically renewed. In case you do not want to renew the subscription, you may cancel the subscription anytime. If you participate in a free trial offer for Paid Services, your membership will automatically be charged as a subscription for Paid Services unless you cancel your subscription prior to the end of the free trial period.

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Charges: All charges are quoted in US Dollars and are subject to applicable taxes, which will be added to the total amount due.

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Payment Authorization: By subscribing to the Platform, You authorize the Platform to charge Your payment method on file for the subscription fees. You are responsible for ensuring that Your payment information is accurate and up to date.

Payment Method: Payments for subscriptions are processed through Stripe, a third-party payment processor. By providing your payment information, you authorize us to charge the applicable subscription fees to your chosen payment method. Stripe handles all payment transactions securely and complies with the Payment Card Industry Data Security Standard (PCI-DSS) to ensure the safety of your payment information. By providing payment information, You consent to Stripe's Terms of Service and Privacy Policy, which govern the processing of payment transactions.

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Individual User Responsibility: If you are an individual user, you are responsible for managing your subscription and payment details, including keeping your payment information current and accurate. You are liable for any subscription fees incurred during the term of your subscription.

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Billing Manager: If you are using the Platform through a corporate account, the Billing Manager, whether an Admin or another designated individual, is responsible for handling all billing and payment-related functions. This includes, but is not limited to, managing subscription plans, processing payments, and addressing any billing issues. The Billing Manager must ensure that payment methods are valid and up-to-date and is accountable for all transactions associated with the corporate account.

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Billing Discrepancies: If you notice any discrepancies or issues with your billing statement, you must notify us within 30 days of the billing date. We will review and address any reported issues in accordance with our billing policies.

Changes to Subscription: You may modify or cancel your subscription plan at any time through your account settings on the Platform. Any changes to your subscription will take effect at the end of your current billing cycle.

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Payment Processing: Payments will be attempted up to 4 times up to a one month period. If payment attempts are unsuccessful within this period, your account will be suspended. If your account has utilized features associated with a paid subscription package, access to these features will also be suspended until payment issues are resolved. If payment issues are not resolved within the one month period, your account will be downgraded to the free plan. This downgrade will be considered as a Termination of your paid subscription.

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Suspension and Reactivation: To reactivate your account, you must resolve any outstanding payment issues. Reactivation is subject to the availability of the subscription plan and may require payment of any overdue fees.

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10. Termination

Termination of Free Plan: If you are using the Platform under a free plan, you may discontinue your use of the Platform at any time without any notice. Upon discontinuation, your access to the free plan features will cease immediately, and any data associated with your account may be deleted in accordance with our Privacy Policy.

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Cancellation of Paid Plan: If you are subscribed to a paid plan, you must cancel your subscription to terminate access to the paid features. The process for canceling your subscription is as follows:

• Cancellation Request: Submit a cancellation request through the Platform’s subscription management page or by contacting our support team. Your request must include sufficient details to process the cancellation.
• Effective Date: Cancellation requests are processed at the end of your current billing cycle. You will retain access to paid features until the end of the billing period for which you have already paid.
• No Refunds: Payments made for the current billing cycle are non-refundable, and no prorated refunds will be issued for unused time.

Suspension Due to Payment Failure: If your subscription is on a paid plan and payment attempts fail after a one month period, your account will be suspended. Access to paid features will be restricted until payment issues are resolved.

Termination by Us: We reserve the right to terminate or suspend your account, in whole or in part, at our sole discretion, for reasons including but not limited to:

• Violation of Terms: Any breach of the terms outlined in our Terms of Use or Privacy Policy.
• Inaccurate Information: Any reason to believe that the information provided during registration is inaccurate, incomplete, or fraudulent.

Consequences of Termination: Upon termination of your account:

• Data Access: You may lose access to all data and features associated with your account. We are not liable for any loss of data or inconvenience resulting from account termination.
• Fees and Charges: Any outstanding fees or charges must be settled. Termination does not relieve you from any payment obligations.
• Downgrade to Free Plan: If your account is downgraded to a free plan due to payment failure, this will be considered a termination of your paid subscription. Even if reactivated, access to certain features or data may not be fully recovered. Theneo is not responsible for any issues related to data recovery.

Post-Termination: Any provisions of these Terms of Use that by their nature should survive termination shall remain in effect, including but not limited to provisions related to intellectual property, data handling, and limitation of liability.

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11. AI Training and Model Improvement

By using the Platform, you acknowledge and agree that Theneo may collect and use publicly accessible documentation created and published by you on the Platform to improve and train our artificial intelligence and machine learning models. This includes using such data to enhance the functionality, performance, and accuracy of our services.

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Theneo may utilize user-created public-facing documentation for the purpose of developing, training, and refining its AI models. This use of data is conducted in accordance with our privacy practices and data protection regulations. All data will be handled in a manner that ensures compliance with applicable laws and is designed to protect user privacy.

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You grant Theneo a worldwide, non-exclusive, royalty-free, and irrevocable right to use such data for these purposes. This permission does not require further consent from you, except as otherwise provided in a separate agreement.

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For more details on how we protect your data and your rights regarding data usage, please refer to our Privacy Policy.

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12. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Platform and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or USD 100 if You haven't purchased anything through the Service.

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To the fullest extent permitted by applicable law, in no event shall the Platform or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Platform or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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13. Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Platform, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

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Without limitation to the foregoing, the Platform provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

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Without limiting the foregoing, neither the Platform nor any of the Platform's providers make any representation or warranty of any kind, express or implied:

• (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
• (ii) that the Service will be uninterrupted or error-free;
• (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
• (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Platform are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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14. Intellectual Property Rights

Unless otherwise indicated, the Platform and its entire contents, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are proprietary to us or have been licensed to us, and are protected by applicable copyright, trademark, and other intellectual property laws and international conventions.

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The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly permitted in these Terms of Use, no part of the Platform, the Content, or the Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without our prior express written consent.

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Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Content solely for your personal, non-commercial purposes. You may download or print a copy of any portion of the Content to which you have properly gained access for personal use only, provided such use does not breach any intellectual property rights.

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We reserve all rights not expressly granted to you with respect to the Platform, the Content, and the Marks. Unauthorized use of the Platform or its Content may violate intellectual property laws and other applicable regulations.

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15. Governing Law and Jurisdiction

These Terms and Your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles.

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16. Dispute Resolution

16.1 Binding Arbitration

All disputes, claims, and controversies, whether based on past, present, or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation, or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s IP Rights (which will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by binding arbitration in San Francisco, California before a single arbitrator.

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The American Arbitration Association will administrate the arbitration under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 USD (excluding interest, attorneys’ fees, and arbitration fees and costs). Where no party’s claim exceeds $25,000 USD (excluding interest, attorneys’ fees, and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply.

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The arbitrator will apply the substantive law of the State of California and of the United States, excluding their conflict or choice of law rules.

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Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

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The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this Section referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted in accordance with this Agreement.

16.2 Arbitration Procedure

A party must notify the other party of its intent to commence arbitration prior to commencing arbitration. The notice must specify the date on which the arbitration demand is intended to be filed, which must be at least 30 days after the date of the notice. During this period, the parties will meet for the purpose of resolving the dispute prior to commencing arbitration.

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Each party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, stating the subject of the dispute and the relief requested.

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The appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. The arbitrator will deliver a reasoned, written decision with respect to the dispute to each party, who will promptly act in accordance with the arbitrator’s decision. Any award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review.

16.3 Confidentiality

The parties will keep confidential the existence of the arbitration, the arbitration proceeding, the hearing, and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) Stripe may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as required by law.

16.4 Conflict of Rules

In the case of a conflict between the provisions of this Section and the AAA Rules, the provisions of this Section will prevail.

16.5 Class Waiver

To the extent permitted by law, any dispute arising out of or relating to this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.

16.6 No Jury Trial

If, for any reason, a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.

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17. European Union Users

Consumer Protection: If You are a consumer residing in the European Union, You will benefit from any mandatory provisions of the consumer protection laws in Your country of residence.

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GDPR Data Protection Rights for EU Citizens: We are committed to ensuring that You are fully aware of Your data protection rights under the General Data Protection Regulation (GDPR). As an EU citizen, You are entitled to the following rights:

1. The Right to Access: You have the right to request copies of Your personal data. We may charge a nominal fee for this service.
2. The Right to Rectification: You have the right to request that We correct any information You believe to be inaccurate or to complete any information You believe to be incomplete.
3. The Right to Erasure: You have the right to request the deletion of Your personal data under certain conditions.
4. The Right to Restrict Processing: You have the right to request that We restrict the processing of Your personal data under certain conditions.
5. The Right to Object to Processing: You have the right to object to Our processing of Your personal data under certain conditions.
6. The Right to Data Portability: You have the right to request that We transfer the data We have collected to another organization or directly to You under certain conditions.

We will respond to any request regarding these rights within one month. To exercise any of these rights, please contact Us at: hello@theneo.io.

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18. United States Legal Compliance

You represent and warrant that:

• (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist-supporting" country; and
• (ii) You are not listed on any United States government list of prohibited or restricted parties.

19. Indemnity

You agree to defend, indemnify, and hold harmless the Platform and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Service, including any data or content transmitted or received by You;
2. Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above;
3. Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights;
4. Your violation of any law, rule, or regulation of the United States or any other country;
5. Any claim or damages that arise as a result of any of Your User Content or any that are submitted via Your account; or
6. Any other party’s access and use of the Service with Your unique Username, password, or other appropriate security code.

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20. Severability

If any provision of these Terms and Conditions becomes or is deemed invalid, illegal, or unenforceable in any jurisdiction by reason of the scope, extent, or duration of its coverage, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision shall be stricken, and the remainder of these Terms shall continue in full force and effect.

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21. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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We are always striving to improve the Service and bring You additional functionality that You will find engaging and useful. This means We may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect Your rights or obligations, We may not provide You with notice before taking them. We may even suspend the Service entirely, in which event We will notify You in advance unless extenuating circumstances, such as safety or security concerns, prevent Us from doing so.

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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 7 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.

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By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

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22. Contact Us

If there are any further questions, queries, concerns, or complaints in relation to these Terms, please contact us at:

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Theneo Inc.
7511 Greenwood Ave North
Seattle, WA 98103
United States
Phone: +12062228133
hello@theneo.io