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    Terms of Service

    Last updated: November 19, 2025

    These Terms of Service ("Terms") govern the relationship between Theta Software Inc. ("Theta," "we," and "our") and the entity or person ("Customer," "you," "your") when you visit our website at www.thetasoftware.com or use any of our services (collectively, the "Services").

    Together, these Terms and our Privacy Policy form the Agreement ("Agreement") that governs your use of our Services. By using our Services, you agree to this Agreement. If we update these Terms, we will post a new version here with a revised "Last Updated" date. Continuing to use the Services means you accept the new Terms.

    1. Access to the Services

    1.1 License to Use

    Theta grants you a limited, non-exclusive right to access and use the Services in compliance with these Terms.

    1.2 Service Updates and Availability

    We may update, enhance, or discontinue parts of the Services. While we strive for stability, we make no guarantees of uptime or reliability. Maintenance or technical issues may cause temporary downtime, but we will work to restore access promptly.

    1.3 Compliance and Service Performance

    Theta may review usage to ensure compliance and to improve stability and performance.

    2. Use of Services

    2.1 Eligibility

    You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or guardian.

    2.2 Use Restrictions

    You may not misuse the Services, including by violating laws, reverse engineering our systems, infringing intellectual property rights, introducing malware, or engaging in fraud. We may suspend or terminate access for violations of these Terms.

    3. Term and Termination

    This Agreement remains active until your use ends or is terminated. Theta may suspend or terminate access at any time for violations of these Terms.

    4. Intellectual Property

    4.1 Our Intellectual Property

    Theta owns all rights to the Services and related data. You retain ownership of your own data and receive a limited, non-sublicensable license to use the Services.

    4.2 Model Licenses

    Some models or tools may have their own terms. You are responsible for compliance with such terms, and those terms will control in the event of a conflict.

    5. Warranties

    5.1 Limited Warranty

    We warrant that the Services will perform substantially as documented. Our obligation is limited to repair or replacement.

    5.2 Disclaimers

    Except as expressly stated herein, the Services are provided "as-is" without warranties of any kind, including warranties of merchantability or fitness for a particular purpose.

    6. Limitation of Liability

    Theta will not be liable for any indirect, incidental, or consequential damages, including lost revenue, profits, or data. Our total liability for any claims arising out of or relating to these Terms or the Services will not exceed $100.

    7. Indemnification

    You agree to defend and indemnify Theta and its affiliates from claims or losses arising from unauthorized use, breach of these Terms, or violation of applicable laws.

    8. Dispute Resolution

    Disputes will be resolved through binding arbitration in San Francisco County, California, USA, in accordance with the American Arbitration Association's International Centre for Dispute Resolution Rules. You waive any right to a jury trial or participation in a class action.

    9. Miscellaneous

    Governing Law

    This Agreement is governed by California law.

    Force Majeure

    We are not liable for failures caused by natural disasters or events beyond our reasonable control.

    Partnership

    This Agreement does not create a partnership or agency relationship between you and Theta.

    Waiver and Severability

    Failure to enforce any right under this Agreement is not a waiver of that right. If any provision is found to be invalid, such provision will be severed without affecting the enforceability of the remaining provisions.

    Assignment

    You may not assign this Agreement without our prior written consent. We may assign this Agreement freely.

    Survival

    Provisions relating to ownership, confidentiality, and limitation of liability will survive termination of this Agreement.

    Entire Agreement

    This Agreement supersedes all prior agreements and constitutes the entire agreement between you and Theta regarding the Services.

    10. Contact Us

    If you have any questions or concerns about these Terms, please contact us at founders@thetasoftware.com.