Skip to main content

ThetaWise (formally incorporated as Authillo, Inc.) Terms of Service

Last modified: February 9, 2024

  1. Introduction

Welcome, and thank you for choosing ThetaWise! Please read this agreement carefully. It affects your rights and responsibilities for using ThetaWise.

  1. Acceptance of This Agreement

These Authillo, Inc. Terms of Service are a contractual agreement between you and Authillo, Inc. governing the use of your ThetaWise account and the ThetaWise services, whether they are accessed through a web browser, mobile application, or any other method.   When this agreement refers to websites, software, or systems, it includes any networks and servers used to provide any of the ThetaWise services, operated by us or on our behalf. BY CLICKING “ACCEPT” AND OPENING AND USING A THETAWISE ACCOUNT, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. Changes to This Agreement

We may revise this agreement from time to time.  The revised version will be effective at the time we make it public on our website, our mobile application, or our mobile application listing page, unless otherwise noted.  Our changes may reduce your rights or increase your responsibilities.  We may provide notice of such changes by posting information about them on our website.  By continuing to use our services after any changes to this agreement, you agree to abide and be bound by those changes.  If you do not agree with any changes to this agreement, you must stop accessing or using your ThetaWise account and the ThetaWise services.

  1. Privacy

Protecting your privacy is very important to us.  Please review our Privacy Notice in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.  Our Privacy Notice is incorporated by reference into this agreement.

  1. Your Account

Your ThetaWise account, and all of the ways you can use it, are covered by this agreement.  You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your account and the services.  You must keep your information current in your ThetaWise account profile.  If your account is closed or your relationship with us is terminated, you will remain liable for all obligations related to your account.

  1. Acceptable Uses

In connection with your use of our website, your account, the ThetaWise services, or in the course of your interactions with ThetaWise, other ThetaWise customers, or third parties, you must not:

  • Violate any law, statute, ordinance, or regulation,
  • Provide false, inaccurate or misleading information,
  • Harass or threaten our employees, agents, or other users,
  • Breach this agreement or any other agreement between you and ThetaWise,
  • Act in a manner that is defamatory, trade libelous, threatening, or harassing,
  • Infringe ThetaWise’s or any third party’s intellectual property, publicity, or privacy rights,
  • Take any action that may cause us to lose any of the services from our Internet service providers or other suppliers or service providers,
  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems, or the ThetaWise services,
  • Use an anonymizing proxy, robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission,
  • Interfere, disrupt, or attempt to interfere with or disrupt our websites, software, systems, any of the ThetaWise services or other users’ use of any of the ThetaWise services,
  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or ThetaWise services, or
  • Circumvent any ThetaWise policy or determinations about your ThetaWise account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including: (1) attempting to open new or additional ThetaWise accounts when an account has been restricted, suspended or otherwise limited, (2) opening new or additional ThetaWise accounts using information that is not your own, or (3) using someone else’s ThetaWise account.
  1. User-Generated Content

You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for ensuring that your Content does not violate any laws or these Terms. You affirm that you possess all necessary rights, licenses, and permissions to provide Input to our Services.

To the extent permitted by applicable law, you retain your ownership right to the Input and own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Our Use of Content

We may use Content to provide, maintain, develop, and improve ThetaWise services, comply with applicable law, enforce our terms and policies, and keep our services safe. This may include having human reviewers review Content.

Accuracy

Given the probabilistic nature of machine learning, ThetaWise services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. Specifically, ThetaWise services do not guarantee the accuracy of any generated solutions or other Output.

When you use our services, you understand and agree:

  • Output may not always be accurate. You should not rely on Output from ThetaWise services as a sole source of truth.
  • You are responsible for verifying the accuracy of any Output before using it.
  • You are solely responsible for your use of the Outputs from ThetaWise services. Under no circumstances will ThetaWise be liable in any way for any content and/or your use of it.
  1. Actions We May Take and Legal Processes

If we believe that you’ve engaged in any restricted activities, we may take a number of actions in our sole discretion to protect ThetaWise, its customers, and others.  The actions we may take include:

  • Taking legal action against you,
  • Updating inaccurate information you provided to us,
  • Refusing to provide the ThetaWise services to you in the future,
  • Limiting your access to our websites, software, systems, or to your ThetaWise account or any of the ThetaWise services, or
  • Terminating this agreement, limiting your ThetaWise account, or closing or suspending your Authillo account, immediately and without penalty to us.

If you’ve engaged in restricted activities, then you’re responsible for damages to ThetaWise caused by those activities.  You are also responsible for all claims, fees, fines, penalties and other liability incurred by ThetaWise, any ThetaWise customer, or a third party caused by or arising out of your breach of this agreement, or your use of the ThetaWise services.

If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions.  We will decide, in our sole discretion, what action is required.  We do not have an obligation to contest or appeal any court order or legal process involving you or your ThetaWise account.

We, in our sole discretion, reserve the right to suspend or terminate this agreement, access to or use of ThetaWise websites, software, systems, or some or all of the ThetaWise services for any reason and at any time.  If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses, including reasonable legal fees and expenses, incurred in connection with enforcing this agreement.  Our failure to act with respect to a breach of any of your obligations under this agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

You may not transfer or assign any rights or obligations you have under this agreement without ThetaWise’s prior written consent.  ThetaWise may transfer or assign this agreement or any right or obligation under this agreement at any time.

  1. Communications

If you provide us your mobile phone number or email, you agree that ThetaWise may contact you at that number or email to service your ThetaWise account, investigate or prevent fraud, or collect a debt.  Unless you’re communicating with us about a matter where we’ve specified another notice address, written notices to ThetaWise must be sent by postal mail to: the address described at the end of this agreement.  You understand and agree that, to the extent permitted by law, ThetaWise may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with ThetaWise or its agents for quality control and training purposes or for our own protection.

  1. Website Assessment

If you integrate or otherwise reference ThetaWise services on your website, ThetaWise may use automated technologies such as website crawling to assess your website and collect any publicly accessible or available data to ensure compliance with this agreement and to combat malicious or fraudulent activity.  However, there may be times we collect personal data about you that you publish on your websites.  Such personal data shall be processed for the purposes described in this section and shall be subject to our Privacy Notice.

  1. Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the services are owned by ThetaWise, our affiliates, suppliers, or licensors.  Your possession, access, and use of the ThetaWise services do not transfer to you or any third party any rights, title, or interest in or to these rights.  ThetaWise and our affiliates, licensors, and suppliers reserve all rights not granted in this agreement.  The services are licensed to you, not sold.  You must obtain our written permission to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an applicable exception or limitation applies by law.

“ThetaWise.ai,” “ThetaWise,” and any other word marks or logos related to the ThetaWise services are either trademarks or registered trademarks of ThetaWise or ThetaWise’s licensors.  Our trademarks may only be used with our express written permission, including as authorized by any brand guidelines we publish.  You may not use, register, or otherwise claim rights in any ThetaWise trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration.  You should not use or claim rights in any trademark in a way that is confusingly similar to or dilutive of ThetaWise’s trademarks, including as, or as any part of, a trademark.  Do not use ThetaWise’s trademarks for anything that would be inconsistent with this agreement or our Privacy Notice.  We may revoke permission to use ThetaWise’s trademarks at any time.  We reserve the right to withhold approval of content that we consider inconsistent with the ThetaWise brand.  If we allow anyone to use the ThetaWise trademarks, all goodwill associated with use of the marks will inure to the sole benefit of ThetaWise.

  1. Governing Law, Jurisdiction, and Venue

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and ThetaWise.  Any legal suit, action, or proceeding arising out of, or related to, this agreement or our services shall be instituted exclusively in the federal courts of the District of Delaware or the state courts of the State of Delaware.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Disclaimer of Warranty and Release

TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE THETAWISE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IF YOU HAVE A DISPUTE WITH ANY OTHER THETAWISE ACCOUNT HOLDER, YOU RELEASE THETAWISE FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

  1. Indemnification

In this section, the term “ThetaWise and its agents” refers to Authillo, Inc., its directors, officers, employees, agents, joint venturers, service providers, and suppliers.  YOU INDEMNIFY THETAWISE AND ITS AGENTS FOR ACTIONS RELATED TO YOUR THETAWISE ACCOUNT AND YOUR USE OF THE THETAWISE SERVICES.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THETAWISE AND ITS AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, including reasonable legal fees, made or incurred by any third party due to or arising out of:

  • Your violation of any law,
  • Your breach of this agreement,
  • Your improper use of the ThetaWise services, or
  • The rights of a third party or the actions or inactions of any third party to whom you grant permissions to use your ThetaWise account or access our websites, software, systems, or any of the ThetaWise services on your behalf.
  1. Liability Limitation

In this section, the term “ThetaWise and its agents” refers to Authillo, Inc., its directors, officers, employees, agents, joint venturers, service providers, and suppliers.  THE LIABILITY OF THETAWISE AND ITS AGENTS IS LIMITED WITH RESPECT TO YOUR THETAWISE ACCOUNT AND YOUR USE OF THE THETAWISE SERVICES.  IN NO EVENT SHALL THETAWISE AND ITS AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THE LIABILITY OF THETAWISE AND ITS AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.  In addition, to the extent permitted by applicable law, ThetaWise and its agents are not liable, and you agree not to hold ThetaWise and its agents responsible, for any damages or losses resulting from:

  • The content, actions, or inactions of third parties,
  • A suspension or other action taken with respect to your ThetaWise account,
  • Delays or disruptions in our websites, software, systems, and any of the ThetaWise services,
  • Your use of or inability to use our websites, software, systems, or any of the ThetaWise services,
  • Your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this agreement or ThetaWise’s policies,
  • Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems, or any of the ThetaWise services or in the information and graphics obtained from them, or
  • Viruses or other malicious software obtained by accessing our websites, software, systems, any of the ThetaWise services, or any website or service linked to our websites, software, systems, or any of the ThetaWise services.
  1. Agreement to Arbitrate

YOU AND THETAWISE EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND THETAWISE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, except that ThetaWise may bring claims for injunctions for violations of these terms.  The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.  Any arbitration will be administered by the American Arbitration Association (“AAA”).  The AAA’s Consumer Arbitration Rules, unless modified by this agreement, shall apply without exception.  Any arbitration hearings shall be held in Santa Clara County, California.

All issues are for the arbitrator to decide, except that a court of competent jurisdiction shall decide issues relating to arbitrability and the scope or enforceability of this agreement.  The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.  No court or arbitrator shall be bound by rulings in prior arbitrations involving different ThetaWise customers, but a court or arbitrator will be bound by rulings in prior arbitrations involving the same ThetaWise customer to the extent required by applicable law.  The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

YOU AND THETAWISE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  Unless both you and ThetaWise agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.  Also, the arbitrator(s) may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).  Any relief awarded cannot affect other ThetaWise customers.  If a court decides that any of these provisions prohibiting class and representative actions and non-individualized relief are invalid or unenforceable, then any dispute regarding the entitlement to such relief, and only that relief, must be severed from arbitration and may be litigated in court.  All other disputes subject to arbitration under the terms of the agreement shall be arbitrated under its terms.

  1. Entire Agreement

These Terms of Service and ThetaWise’s Privacy Notice, incorporated by reference above, constitute the sole and entire agreement between you and ThetaWise and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

  1. Severability

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

  1. Contact Information

You can contact ThetaWise at:

tos@thetawise.ai

588 El Camino Real, #402, Santa Clara California, 95050, United States