Terms of Use

Last Updated: September 7, 2023

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.Scenario only provides the venue through which you can schedule Coaching Services, set goals and record goal completion, participate in Live Training Sessions and access mental health educational content. 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 or any Scenario Party. If you think you may have a medical or mental health emergency, call your doctor or 911 immediately. Reliance on the Site, Coaching Services, 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 the 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

Scenario’s community, like any community, functions best when its members follow community rules and guidelines. By visiting the Site, and/or accessing and/or using the App, you hereby agree to comply with our Community Guidelines, available at https://www.getscenario.ai/community-guidelines. We reserve the right, in our sole and absolute discretion, to deny you access to the Site and/or the App, or any portion of the Site and/or the App, without notice, and to remove any content that does not comply with our Community Guidelines

5. RESTRICTIONS

If you have signed up to use the App, you may access, review, and make changes to your personal information by following the instructions found on the App. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any Scenario marketing email. You cannot opt out of receiving transactional e-mails related to your account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

6. USE OF PERSONAL INFORMATION

Your use of the Site, the App, and Coaching Services 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 App and our services are currently provided to you free of charge. However, if you sign up to use paid features and functionalities that are offered through the App, or any paid services that are offered through the App or via SMS text messages, then you agree to pay all applicable fees. We may use a third party payment vendor (“Third Party Payment Vendor”) to process your payment of the applicable fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Vendor, and that all information you provide is accurate. We reserve the right to institute new or additional fees, at any time upon notice to you.

8. REGISTRATION

In order to use the App, you may need to provide us with Eligibility Screening Information. We will use the Eligibility Screening Information to determine whether you are eligible to access and use the App. If we determine that you are eligible to access and use the App, then we will send you a link to download the App. You will have to use the link to download the App and create an account as a Registered User. 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.

8. Notice to Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of personal information to third parties. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note, however, that we do not sell your personal information as defined under Nevada law.

9. Important Notice to Non-U.S. Residents

The Site, the App, and their servers are operated in the United States. Please be aware that your Information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Site, and/or the App, you consent to any transfer and processing of your personal information in accordance with this Privacy Policy, and you do so at your own risk.

10. Children

We do not knowingly collect personal information from children under the age of 12 through the Site and the App. If you are under 12, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information through the Site and the App without their permission. If you have reason to believe that a child under the age of 12 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

11. External Websites

The Site may contain links to third-party websites ("External Sites"). We do not endorse such External Sites and we are not responsible for the privacy practices of such External Sites. Please refer to the privacy policies of those External Sites for more information on how the operators of those sites collect and use your personal information.

12. Changes to this Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Site and the App as soon as they go into effect. By accessing and/or using the Site, and/or the App, after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

13. How to Contact Us

If you have questions about this Privacy Policy, please contact us via e-mail at [email protected] with “Privacy Policy” in the subject line.