Terms of Service

Our Services are intended solely for use by individuals who are 18 years of age or older. When you use the Services, you represent that you are at least 18 years of age or the age of majority in the jurisdiction where you reside, or if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. We do not knowingly permit or provide Services to minors. We reserve the right to suspend or terminate access if it becomes aware that a user is under 18 years of age.

You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

You agree that we have the right to create De-Identified Data and Aggregated Data from the Personal Information we collect through our Services. "De-Identified Data" is individual-level data derived from Personal Information that is stripped of personal identifiers, such as your name, contact information, or demographic information, but still retaining details about your interactions with the Services. De-Identified Data allows us to conduct broad research and analysis while protecting your privacy. We may combine De-Identified Data to create aggregated data, which is data that describes individuals as a group and is used for research, compiling statistics, and reporting trends, among other purposes ("Aggregated Data"). We own all right, title, and interest in such De-Identified Data and Aggregated Data and may use, publish, distribute, or sell it for any lawful purpose, including, but not limited to, research purposes and improving, analyzing, marketing, or developing our Services. For more information about how we create and use De-Identified Data and Aggregated Data, please see our Privacy Policy.

You agree that this license grants us the right to use Personal Information to provide, improve, and develop the Services, including Pathos' use of Artificial Intelligence Technologies. Artificial Intelligence ("AI") Technologies are a type of technologies that enable computers to simulate human learning, problem-solving and decision making, including by use of machine learning, and any related AI models, large language models, data sets (including training data sets), algorithms, any technology that can create original text, images, video and other content (known as Generative AI) or automated decision making technology, including our AI-powered therapists.

Pathos and its licensors are the sole and exclusive owners of the Services. The Services includes the pathos.science domain, the content of the Services (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products, documentation, other components, and content), and the design, selection, and arrangement of the content on the Services.

The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or the related intellectual property rights belonging to Pathos or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Pathos.

Unless otherwise noted, Pathos and the Pathos graphics, logos, icons, and service marks are trademarks, registered trademarks, or trade dress of Pathos protected under U.S. law and the laws of other countries. Pathos trademarks may not be used without our express written consent and must not be used in a manner that disparages or discredits Pathos, causes confusion among customers, or associates with any products or Services not provided by Pathos. Pathos will take legal action against individuals using its trademarks or service marks in metatag keywords or hidden webpage text, as such use constitutes trademark infringement and unfair competition.

Access to the Services does not confer and shall not constitute a license to anyone to use Pathos or any third party's intellectual property rights.

Pathos will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Services can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Pathos's copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Pathos that your copyrighted material has been infringed. Pathos does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.

If we receive a clear and valid notice as outlined in the guidelines below, Pathos will respond by either removing the allegedly infringing content or blocking access to it. Pathos may reach out to the notice provider to request additional information.

Under the DMCA, Pathos is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer").

The Alleged Infringer is allowed under the law to send Pathos a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications as part of the Services. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether a particular material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

Subscription Billing and Auto-Renewal

You may purchase a subscription to the Services (a "Subscription"). Unless otherwise indicated at checkout, the Subscription term begins on the date that we receive and accept payment. You shall pay the Subscription price (including any applicable price increase) at the beginning of the Subscription term, at any recurring billing intervals, and at the beginning of each subsequent annual renewal term, if any, until canceled.

Subscriptions will automatically renew until you cancel the Subscription in your account settings, or by contacting us at support@pathos.science.

We may update Subscription Fees from time to time and will provide you with email notice of any changes in Subscription Fees at least thirty (30) days prior to your Subscription renewal date. Your continued use of the Services after notice of a change to the Subscription Fees will constitute your agreement to such changes in the subsequent renewal period.

Payment of Subscription Fees

You agree to pay the listed Subscription price and all associated fees and taxes ("Subscription Fees") when due and, if Subscription Fees are paid via credit card or other electronic means, you authorize us to charge Subscription Fees using the payment method associated with your account. You are responsible for providing complete and accurate billing information to Pathos. We may suspend or terminate your Subscription if Subscription Fees become past due. Subscription Fees shall be paid in U.S. Dollars.

Payment Processing

Payment processing services on the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). You agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.

Free Trials

Your Subscription to the Service may include a free trial. Availability of a free trial is not guaranteed. Eligibility for free trials may vary based on factors including the Subscription selected, whether you have previously used one for the relevant Services, and how recently you redeemed a free trial. There may be certain limitations on your ability to combine a free trial with other offers.

Promotions

We may also offer, in our sole discretion, promotions (e.g., a promotional price, a Subscriptions Fee credit, or an account-specific offer). These promotions may be subject to additional promotional terms disclosed during your sign-up or in other notices or materials provided to you. If you have linked a payment method with your account, we will bill this payment method when you activate the promotion and continue to bill that payment method at the then-current, non-promotional price after your promotion ends, unless you cancel prior to the end of your promotion or unless otherwise stated.

THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATHOS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE IN TRADE.

PATHOS DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS, BE COMPATIBLE WITH ANY STANDARDS OR USER REQUIREMENTS, THE AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS FROM USING THE SERVICES.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF AI TECHNOLOGIES OR ADTECH, INCLUDING BUT NOT LIMITED TO ANY ADVERTISING OR ADVERTISING ANALYTICS TECHNOLOGIES. AI-GENERATED CONTENT MAY BE INCOMPLETE, INACCURATE, OR OUTDATED. PATHOS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY OF SUCH OUTPUTS FOR ANY PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VALIDATING ANY AI-GENERATED OUTPUTS BEFORE RELYING ON THEM. YOU MUST EXERCISE INDEPENDENT JUDGMENT AND, WHERE APPROPRIATE, SEEK PROFESSIONAL ADVICE.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PATHOS OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PATHOS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PATHOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT WILL THE PATHOS PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PATHOS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PATHOS AND OUR AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS ("CLAIMS") AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SERVICES OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SERVICES OR THE USER GENERATED CONTENT; (C) YOUR SUBMISSION OF USER GENERATED CONTENT; (D) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PATHOS OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (F) YOUR FAILURE TO COMPLY WITH THE ACCEPTABLE USE POLICY; OR (G) YOUR VIOLATION OF THESE TERMS.

WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS; THUS, THESE INDEMNIFICATION PROVISIONS MAY NOT APPLY TO YOU.

a. Waiver of Rights

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH PATHOS — WHETHER IN CONTRACT, TORT, OR OTHERWISE ("DISPUTE") EXCEPT THE FOLLOWING:

• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, AND
• ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

• THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
• THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.

b. Good Faith Negotiations

We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good-faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number, and a description of the relief you are seeking ("Dispute Notice"). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.

c. Mutual Arbitration Agreement

1. Arbitration of Individual Disputes. Any dispute that cannot be resolved through good faith negotiations must be pursued through binding arbitration on an individual basis as outlined in this section (the "Arbitration Agreement"). A single arbitrator will administer the arbitration.
2. AAA Proceedings. Either you or Pathos may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules"). You may obtain instructions on how to file an arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org, or we can assist you in contacting AAA.
3. Scope of Arbitrator's Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues, excluding (a) issues expressly reserved for a court decision in these Terms, (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions that are for the court to decide, or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
4. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
5. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.
6. Confidentiality. The parties expressly agree that any actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
7. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
8. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a "Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make reasonable faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.
9. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a "batch approach" to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA at its discretion, for each batch of demands. The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This "Batch Arbitration" provision shall not increase the number of demands necessary to trigger the applicability of AAA's Mass Arbitration Supplementary Rules or authorize class arbitration of any kind. Pathos does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision is found to be invalid, unenforceable, or illegal, then the Batch Proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.
10. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by AAA. Pathos and the counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a method of resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opts out and they cannot agree on a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
11. Opt-Out. If you wish to opt out of this Arbitration Agreement, you must provide us with your notice to opt out within 30 days of the first date you visit or use our Site. You must send us a letter stating: "Request to Opt-Out of Agreement to Arbitrate" to: Dig Deep, Inc. (d/b/a Pathos) 316 California Ave, Reno, NV, 89509 If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver.
12. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Services, your Account, and the User Generated Content.
13. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS, AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
14. Applicable Law. Delaware law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

You verify that any contact information voluntarily provided to us, including, but not limited to, your mailing address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you submit to us.

You agree to receive electronic communications from us, whether sent to your email address or posted at the Services. You acknowledge and agree that any communication by e-mail or by posting on the Services satisfies any legal requirement that such communications be made in writing.

We may provide you with transactional communications concerning your account, the Services, updates to these Terms or our Privacy Policy or news concerning us, and industry developments to your email address. We may also send promotional emails for sales and marketing purposes. If you wish to opt out of receiving such promotional emails, you can unsubscribe from our marketing list by following the unsubscribe options or by emailing us at support@pathos.science.

With your express, written consent, we may send you communications via SMS. You may incur charges for these calls and text messages by your telephone carrier. You acknowledge that we will not be responsible for any such charges. To opt out of such SMS communications, you may respond to any text you receive on your mobile device with the word "STOP" or email us at support@pathos.science.

See our Privacy Policy for more information on other ways in which you may control how we communicate with you.