Terms of Use

Last Updated: September 30, 2024

Attention Technologies, Inc. (“Scenario,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our website located at https://www.getscenario.ai/ (the “Site”), our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”), and our services which may be provided through the App or via SMS text messages.

We provide Visitors (as defined below) with access to the Site and Registered Users (as defined below) with access to the App subject to the following Terms of Use. By browsing the public areas of the Site, and/or by clicking “I AGREE,” or otherwise manifesting your assent to this Agreement (as defined below), when you sign up to access and use the App, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Site and/or the App. We may modify the terms and conditions of these Terms of Use from time to time with or without notice to you. By continuing to access the Site and/or use the App after we have posted a modification on the Site and/or the App, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site and the App.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. NO PROFESSIONAL PHYSICAL OR MENTAL HEALTH ASSESSMENT, DIAGNOSIS OR TREATMENT

You acknowledge and agree that Scenario is not a therapy and Scenario does not, through the Site and the App or otherwise, provide any form of professional physical or mental health therapy, assessment, opinion, advice, diagnosis, or treatment, does not evaluate the need to seek medical attention or will not provide a medical diagnosis. The confidentiality, privacy and evidentiary privilege rules, regulations, and laws applicable to doctors, medical providers and therapists do not apply to the information that you provide to Scenario or information that is collected by Scenario pursuant to its Privacy Policy. The Site, the App and the Content (as defined below) are for informational and educational purposes only, and are not intended as a substitute for professional mental or physical health therapy, assessment, opinion, advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified professional physical or mental health provider with any questions you may have regarding a medical assessment, condition, treatment or diagnosis. Never disregard professional medical advice or delay in seeking it because of something you read or hear on the Site, the App, and/or the Content. You acknowledge and agree that by accessing and using the App, you are not entering into a doctor-patient, provider-patient, or therapist-patient relationship with Scenario. If you think you may have a medical or mental health emergency, call your doctor or 911 immediately. Reliance on the Site, the App and the Content to make physical and mental health decisions is solely at your own risk.

2. DESCRIPTION OF USERS

We provide Visitors, and Registered Users with access to the Site and the App as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Site; and (ii) e-mail us.

Registered Users. Login is required for all Registered Users. Registered Users can do all things that Visitors can do, and can also access and use the App and sign-up for our services, including but not limited to, the Coaching Services.

Scenario is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion. In addition, Scenario may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Scenario hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Use.

4. COMMUNITY GUIDELINES

By accessing the Site and/or the App, you hereby agree to comply with the following guidelines:

• You will not use the Site and/or the App for any unlawful purpose;
• You will not access or use the Site and/or the App to collect any market research for a competing businesses;
• You will not upload, transmit, or otherwise make available any content that:

- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site and/or the App;You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site and/or the App;
• You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; andYou will not interfere with or attempt to interrupt the proper operation of the Site and/or the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means.

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site and/or the App, or any portion thereof, without notice.

5. RESTRICTIONS

The Site and the App is available for individuals aged 13 years or older. If you are under 13, please do not use the Site and the App. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By registering as a Registered User, you represent and warrant that you are at least 13.

6. USE OF PERSONAL INFORMATION

Your use of the Site, and the App may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy (located at https://www.getscenario.ai/privacy-policy), which is hereby incorporated by reference in its entirety.

7. FEES

The Site and the App are currently provided to you free of charge. However, we reserve the right to institute new or additional fees, at any time upon notice to you.

8. REGISTRATION

You represent and warrant that all information you provide to us during registration is truthful and accurate, and you will maintain the accuracy of such registration information. You are responsible for the confidentiality of your account. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.

9. ACCOUNT DELETION

If you would like to delete your account on the App, please contact us at [email protected]. We will delete your account on the App and your personal information that is in our possession or control within a reasonable period upon receipt of your request. Please note that only your personal information that is in our possession or control will be deleted and we will continue to maintain any other data derived or based on your personal information, including but not limited to any aggregate information that we or our third party service providers have created. Please note that the account cannot be recovered once it is deleted. Please back up all account-related information and data before you delete your account. We will not be liable for any loss of data or information caused therefrom.

10. INTELLECTUAL PROPERTY

The Site and the App contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of Scenario (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not record, video, photograph, sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Site and the App automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Scenario (“Scenario Trademarks”) used and displayed on the Site and the App are registered and unregistered trademarks or service marks of Scenario. Other company, product, and service names located on the Site and the App may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Scenario Trademarks, the “Trademarks”). Nothing on the Site and the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Scenario Trademarks inures to our benefit.

Elements of the Site and the App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

11. IMAGINARY VISUALIZATION SCRIPTS

When you use the imaginary visualizations feature of the App, the App will use your Registered User Content and Imaginary Visualization Information to generate scripts via Third-Party LLMs (the “Imaginary Visualization Scripts”). Scenario shall own all right, title and interest in and to the Imaginary Visualization Scripts together with all intellectual property rights thereto. Such rights may be subject to the terms of use/terms and conditions of such Third-Party LLMs, including but not limited to, OpenAI, L.L.C.’s (“OpenAI”) Terms of Use, which can be accessed on their website at https://openai.com/policies/terms-of-use. Scenario does not review all Imaginary Visualization Scripts; provided, however, Scenario reserves the right to remove any Imaginary Visualization Scripts in its sole discretion, with or without notice. Subject to the terms and conditions of this Agreement and the terms of use/terms and conditions of the applicable Third-Party LLMs, we hereby grant you during the term of this Agreement the right to use the Imaginary Visualization Scripts for your personal use. You may use the Imaginary Visualization Scripts at your own risk. Due to the nature of artificial intelligence, Imaginary Visualization Scripts may not be unique across all users and the AI features and functionality of the App may generate the same or similar Imaginary Visualization Scripts for different users.

12. REGISTERED USER CONTENT

When you use certain features of the App, such as imaginary visualizations feature, Registered Users will be allowed to upload content including but not limited to, description of a social or relationship situation that they are challenged by (collectively, “Registered User Content”). Scenario does not review the Registered User Content; provided; however, Scenario reserves the right to remove any Registered User Content in its sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees and service providers a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, or format your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Scenario that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that the Registered User Content and its use by Scenario and our service providers as permitted by this Agreement does not and will not infringe, misappropriate, or otherwise violate the intellectual property rights, moral rights, or rights of privacy or publicity of any person, or contain any libelous, defamatory, or obscene material or content that violates the Agreement.

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY, LEGALITY, SECURITY AND PROTECTION OF YOUR REGISTERED USER CONTENT. WE WILL HAVE NO LIABILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR REGISTERED USER CONTENT, OR ANY CORRUPTION, DELETION, DESTRUCTION OR LOSS THEREOF.

13. EMAIL COMMUNICATIONS TO SCENARIO

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any information that contains private or confidential physical or mental health information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

14. ACCESSING AND DOWNLOADING THE APP FROM APPLE APP STORE

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

• You acknowledge and agree that (i) these Terms of Use are concluded between you and Scenario only, and not Apple, and (ii) Scenario, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Service.
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• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
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• In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App. As between Scenario and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Scenario.
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• You acknowledge that, as between Scenario and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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• You acknowledge that, in the event of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between Scenario and Apple, Scenario, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
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• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.
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• Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple App.

15. NO WARRANTIES/LIMITATION OF LIABILITY

THE SITE, THE APP, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

SCENARIO DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS AND WARRANTIES REGARDING THE USE OR PERFORMANCE OF THE SITE, THE APP, OR ANY COMPONENT THEREOF OR ANY OUTPUT PRODUCED BY THE APP, INCLUDING BUT NOT LIMITED TO ANY, IMAGINARY VISUALIZATION SCRIPTS. SCENARIO MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY IMAGINARY VISUALIZATION SCRIPTS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY OF ANY IMAGINARY VISUALIZATION SCRIPTS YOU GENERATE THROUGH THE APP AND YOU SHALL NOT RELY ON SCENARIO TO DO SO. THE IMAGINARY VISUALIZATION SCRIPTS MAY NOT REFLECT CURRENT, CORRECT OR COMPLETE INFORMATION AND YOU MAY RELY ON THE IMAGINARY VISUALIZATION SCRIPTS AT YOUR SOLE RISK.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF THE SCENARIO PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE APP,, IMAGINARY VISUALIZATION SCRIPTS, OR THE CONTENT, EVEN IF SUCH SCENARIO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE APP, IMAGINARY VISUALIZATION SCRIPTS, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE SITE AND THE APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE SITE AND THE APP. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE APP AT ANY TIME WITHOUT NOTICE.

16. EXTERNAL SITES

The Site and the App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Scenario and its shareholders, members, officers, directors, employees, agents, and representatives from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement, including breach of the representations and warranties provided hereunder; (ii) your misuse of the Content,, the Site and the App; (iii) your Registered User Content and/or Imaginary Visualization Scripts; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

18. COMPLIANCE WITH APPLICABLE LAWS

The Site and the App are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the App, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

19. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site and/or the App, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the App at any time without prior notice or liability.

20. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Site and the App or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Scenario from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Scenario’s proprietary interests.

21. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees,” “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2024 Attention Technologies, Inc. All rights reserved.