SymbAIo Inc.

These Terms of Use ("Terms") govern your access to and use of SymbAIo Inc. ("Company," "we," "us," or "our") website, applications, and services, including iMpatient™ and K@te™ (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you may not access or use the Services.

1. Acceptance of Terms

Your access to and use of the Services constitutes your acceptance of these Terms and our Privacy Policy. These Terms apply to all users of our Services, including those who contribute content, information, and other materials or services on our platform. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Services. Your continued use of the Services following any modifications to these Terms constitutes your acceptance of the updated Terms.

2. Description of Services

SymbAIo Inc. provides two primary products and services:

iMpatient™: A health and biomarker monitoring application that tracks physiological data and biomarkers through device integrations and user input. iMpatient™ is designed to provide users with insights into their health metrics and wellness data.
K@te™: An artificial intelligence-powered companion application designed specifically for survivors of psychological violence, including but not limited to domestic violence, sexual assault, and trauma. K@te™ is intended to provide supportive resources and personalized interactions.

Our Services may also include website content, educational materials, API services, and related features. The Services are provided on an "as is" basis and may be modified or discontinued at our sole discretion.

3. Eligibility and Age Requirements

You must be at least 18 years of age to use the Services. By accessing the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Services, and your parent or legal guardian must agree to these Terms on your behalf.

For K@te™ specifically, while the application is designed to support survivors of psychological violence, users must still meet the minimum age requirement of 18. We may implement additional age verification procedures if required by applicable law or regulation.

4. Account Registration and Security

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information during registration.
Maintain the confidentiality of your account credentials, including your password.
Promptly notify us of any unauthorized access to or use of your account.
Accept responsibility for all activities that occur under your account, whether authorized or unauthorized.

You are solely responsible for maintaining the security of your account credentials. SymbAIo Inc. is not responsible for any loss or damage arising from your failure to protect your password or account information. If you believe your account has been compromised, immediately change your password and contact us at the address provided in Section 16.

5. User Conduct and Prohibited Activities

In using the Services, you agree not to engage in any of the following prohibited activities:

Violating any applicable laws, regulations, or the rights of third parties.
Transmitting or facilitating the transmission of viruses, malware, or any code of destructive nature.
Attempting to gain unauthorized access to the Services, our systems, or user accounts.
Harvesting or scraping data from the Services without authorization.
Impersonating another person or entity, including representatives of SymbAIo Inc.
Uploading, transmitting, or distributing content that is defamatory, abusive, obscene, or otherwise offensive.
Harassing, threatening, or intimidating other users.
Disrupting the normal operation of the Services or network infrastructure.
Submitting false or misleading health information, particularly in iMpatient™.
Using the Services for commercial purposes without authorization.
Engaging in any activity that violates these Terms.

SymbAIo Inc. reserves the right to investigate and take appropriate legal action against anyone who violates these prohibitions, in our sole discretion.

6. Intellectual Property Rights

SymbAIo Inc. retains all right, title, and interest in the Services, including all content, features, functionality, code, visual displays, graphics, interfaces, and any improvements or modifications thereto. These intellectual property rights are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Services solely for your personal use, subject to these Terms. This license does not include any right to:

Modify, copy, or create derivative works based on the Services.
Reverse engineer, decompile, or attempt to derive the source code of the Services.
Rent, lease, lend, or resell the Services.
Remove or alter any copyright, trademark, or other proprietary notices.

iMpatient™ and K@te™ are trademarks of SymbAIo Inc. You may not use these trademarks without our prior written consent.

7. User-Generated Content and Data

Certain features of the Services may allow you to upload, submit, or provide content, including health data, personal information, and communications ("User-Generated Content"). By submitting User-Generated Content, you:

Represent and warrant that you own or have the necessary rights to such content.
Grant SymbAIo Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User-Generated Content to provide and improve the Services.
Acknowledge that you are responsible for the accuracy and legality of your User-Generated Content.

We respect your privacy and handle all personal and health data in accordance with our Privacy Policy and applicable data protection laws. However, you maintain ownership of your User-Generated Content. We may retain, use, and analyze User-Generated Content to improve our Services, develop new features, and comply with legal obligations, but only in accordance with our Privacy Policy.

For iMpatient™, biomarker data and health information you provide remain your property, but we retain rights necessary to deliver the service and analyze trends to improve our health insights. For K@te™, any communications you have with the AI companion may be used to improve the quality of support provided, subject to our Privacy Policy.

8. Disclaimers

Important Disclaimers: The Services are provided on an "AS IS" and "AS AVAILABLE" basis. SymbAIo Inc. makes no representations or warranties regarding the Services, express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

Health and Medical Disclaimer: iMpatient™ is NOT a medical device, and information provided through iMpatient™ is NOT medical advice. iMpatient™ is not intended to diagnose, treat, cure, prevent, or mitigate any disease or medical condition. You should not rely solely on iMpatient™ for medical decisions. Always consult with a qualified healthcare provider before making any health-related decisions. The information in iMpatient™ is for educational and informational purposes only.

Not a Therapy Service: K@te™ is NOT a substitute for professional mental health treatment, psychotherapy, or counseling. K@te™ is an AI companion designed to provide supportive resources and information. K@te™ cannot diagnose mental health conditions, prescribe treatment, or replace professional psychological or psychiatric care. If you are experiencing a mental health crisis, please contact a mental health professional or crisis service immediately.

Not a Crisis Service: K@te™ and the Services are NOT crisis intervention or emergency services. If you or someone else is in immediate danger or experiencing a mental health emergency, please contact emergency services (911 in the United States) or a crisis helpline such as the National Suicide Prevention Lifeline (1-800-273-8255) or the Crisis Text Line (text HOME to 741741).

We make no warranty that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. Your use of the Services is at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SYMBAIO INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR PERSONAL INJURY, EVEN IF SYMBAIO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SYMBAIO INC.'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE CLAIM. IF YOU HAVE NOT PAID US ANYTHING, OUR LIABILITY SHALL NOT EXCEED $100.

This limitation of liability applies to all causes of action, whether based on warranty, contract, tort, strict liability, or any other legal theory.

10. Indemnification

You agree to indemnify, defend, and hold harmless SymbAIo Inc., its officers, directors, employees, agents, affiliates, and licensors from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

Your use of or access to the Services.
Your violation of these Terms.
Your violation of any applicable law or regulation.
Your User-Generated Content or any content you submit to the Services.
Your infringement or misappropriation of any third-party intellectual property, privacy, or publicity rights.

SymbAIo Inc. reserves the right to assume the exclusive defense and control of any third-party claim subject to indemnification, in which case you agree to cooperate fully with us.

11. Termination

SymbAIo Inc. may terminate or suspend your access to the Services, with or without cause and without notice, in our sole discretion. Causes for termination include, but are not limited to:

Your violation of these Terms.
Your violation of applicable laws or regulations.
Fraudulent, abusive, or otherwise illegal activity.
Inactivity or non-payment of any fees, if applicable.

Upon termination of your account, your right to access the Services immediately ceases. However, certain provisions of these Terms, including Sections 6, 8, 9, 10, and 12, shall survive termination.

You may terminate your account at any time by contacting us at the address provided in Section 16. Upon termination, SymbAIo Inc. may delete your account and User-Generated Content, unless we are required to retain it by law or regulation.

12. Dispute Resolution and Arbitration

Binding Arbitration: Except for claims that cannot be arbitrated under applicable law, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law principles. The arbitration shall take place in Wilmington, Delaware, or as otherwise agreed by the parties.

Waiver of Jury Trial: BY USING THE SERVICES, YOU AND SYMBAIO INC. EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION.

Notice of Dispute: Before initiating arbitration, you agree to provide written notice to SymbAIo Inc. describing the nature of the dispute and seeking resolution through good-faith negotiation. The parties shall attempt to resolve the dispute for a period of 60 days. If the dispute is not resolved, either party may initiate arbitration.

Arbitration Costs: Each party shall bear its own attorneys' fees and costs, except as may be otherwise provided by law or this agreement. The parties shall share the cost of the arbitrator's fees and administrative costs of arbitration.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SymbAIo Inc. regarding your access to and use of the Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral. No course of dealing or trade usage shall modify these Terms.

15. Changes to Terms

SymbAIo Inc. may modify these Terms at any time. Modifications shall be effective immediately upon posting to the Services. Your continued use of the Services following the posting of modified Terms constitutes your acceptance of the modifications. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the modified Terms, you must discontinue your use of the Services.

For significant changes, we may provide additional notice, such as email notification or a prominent announcement on our website. However, you are responsible for monitoring changes to these Terms.

16. Contact Information

If you have questions, concerns, or complaints regarding these Terms or the Services, please contact us at:

SymbAIo Inc.
Head Office: 145 S. Fairfax Ave, Los Angeles, CA 90036
Registered Address: 1401 Pennsylvania Ave Suite 105, Wilmington, DE 19806
United States
Website: www.symbaio.io

We will make reasonable efforts to respond to your inquiry within 30 business days.

END OF TERMS OF USE