Terms of Service Agreement
Effective Date: July 3, 2025
This Terms of Service Agreement (this "Agreement") is entered into by and between GAIA ("Company," "GAIA," "we," "us," or "our"), and you, the individual or entity accessing or using our artificial intelligence assistant services and platform (the "Service"). BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Acceptance and Binding Agreement
By accessing, browsing, or using the Service, you hereby acknowledge your acceptance of this Agreement and agree to be bound by all terms, conditions, and notices contained or referenced herein. This Agreement constitutes the entire agreement between you and Company concerning your use of the Service. You further acknowledge that you have read and understood our Privacy Policy, which is incorporated herein by reference and forms an integral part of this Agreement.
2. Eligibility and Capacity
You represent and warrant that: (a) you have the legal capacity and authority to enter into this Agreement under the laws of your jurisdiction; (b) you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (c) if you are entering into this Agreement on behalf of an entity, you have the authority to bind such entity; and (d) your use of the Service does not violate any applicable laws or regulations.
3. Account Creation and Security Obligations
You acknowledge and agree that:
- You shall maintain the strict confidentiality of your account credentials, including usernames, passwords, and any other access information;
- You shall provide true, accurate, current, and complete information during account registration and shall promptly update such information to maintain its accuracy;
- You bear sole responsibility for all activities that occur under your account, whether authorized or unauthorized;
- You shall immediately notify Company of any unauthorized use of your account or any other breach of security;
- Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
4. Prohibited Uses and Conduct
You expressly agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. Prohibited activities include, but are not limited to:
- Violating any applicable federal, state, local, or international laws, regulations, or ordinances;
- Transmitting, distributing, or storing any content that is defamatory, obscene, threatening, harassing, or otherwise objectionable;
- Engaging in any activity that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service;
- Attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks;
- Using automated systems, including robots, spiders, or data mining tools, to access or collect information from the Service;
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Service;
- Circumventing or attempting to circumvent any security measures or access controls.
5. Service Offerings and Payment Terms
Company may offer certain features of the Service without charge ("Free Features") and other features that require payment ("Premium Features"). With respect to Premium Features:
5.1 Payment and Billing
- All fees are stated in United States dollars and are charged in advance for subscription services;
- Payment is due immediately upon subscription or purchase, and recurring fees are automatically charged according to your selected billing cycle;
- You authorize Company to charge your designated payment method for all applicable fees, taxes, and other charges;
- Company reserves the right to change fees upon thirty (30) days' prior written notice;
- Failure to pay applicable fees may result in suspension or termination of access to Premium Features.
5.2 Refund Policy
ALL SALES ARE FINAL. Company does not provide refunds for any payments made for Premium Features, subscriptions, or other services, except as expressly stated below or as required by applicable law:
- No Refunds Policy: All fees paid are non-refundable, including but not limited to subscription fees, one-time purchases, and add-on services;
- Exceptional Circumstances: Refunds may be considered solely at Company's discretion in cases of technical errors, duplicate charges, or other exceptional circumstances;
- Legal Requirements: Where required by applicable consumer protection laws, refunds will be provided in accordance with such legal requirements;
- Refund Requests: Any refund requests must be submitted to support@heygaia.so within thirty (30) days of the original charge and will be reviewed on a case-by-case basis.
5.3 Cancellation Policy
You may cancel your subscription or Premium Features at any time through the following methods:
- Self-Service Cancellation: Use the cancellation functionality provided in your account settings or user interface, if available;
- Support Cancellation: Contact our support team at support@heygaia.so with your cancellation request;
- Cancellation Timing: Cancellations are effective at the end of your current billing cycle, and you will retain access to Premium Features until that time;
- No Partial Refunds: Cancellation does not entitle you to a refund for the current billing period or any unused portion thereof;
- Reactivation: You may reactivate your subscription at any time, subject to the then-current pricing and terms.
5.4 Free Trial and Promotional Offers
If Company offers free trials or promotional pricing:
- Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends;
- You must provide valid payment information to access free trials;
- Promotional offers are subject to additional terms and conditions that will be provided at the time of the offer;
- Company reserves the right to modify or discontinue free trials and promotional offers at any time.
6. Intellectual Property Rights
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof (collectively, the "Company Content"), are and shall remain the exclusive property of Company and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Company Content solely for your personal, non-commercial use in accordance with this Agreement.
7. User-Generated Content and License Grant
You retain all ownership rights in any content, data, or information you submit to the Service ("User Content"). By submitting User Content, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely in connection with the Service and Company's business operations. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe upon any third-party rights.
8. Privacy and Data Protection
Company's collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated herein by reference. Company hereby represents that it does not and will not sell, rent, or lease any personal data to third parties. Company processes personal data solely for the purposes of providing the Service and as otherwise described in the Privacy Policy.
9. Termination
Either party may terminate this Agreement at any time with or without cause. Company may immediately terminate or suspend your access to the Service without prior notice if Company determines, in its sole discretion, that you have violated any provision of this Agreement. Upon termination, your right to use the Service shall immediately cease, and you shall discontinue all use of the Service. Sections 6, 7, 9, 10, 11, 12, and 13 shall survive termination of this Agreement.
10. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any third-party rights; or (d) any content you submit to the Service.
13. Modifications to Terms
Company reserves the right to modify this Agreement at any time by posting revised terms on the Service. Material changes will be communicated via email or prominent notice on the Service at least thirty (30) days before taking effect. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Agreement. If you do not agree to the modifications, you must discontinue use of the Service.
14. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Company is established, without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by a recognized arbitration association in accordance with its commercial arbitration rules, and judgment on the arbitration award may be entered in any court having jurisdiction.
15. Severability and Waiver
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Company to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.
16. Contact Information
For any questions, concerns, or notices regarding this Agreement, please contact us at:
Email: support@heygaia.so
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