Terms of Service

About our site and how you can, and cannot, use it

TERMS OF SERVICE

Last Updated: April 20, 2025

SmartTec Inc. ("SmartTec") is the creator of the Okaya platform ("Okaya"). Throughout this document, the terms "Okaya," "SmartTec," "we," "us," and "our" may be used interchangeably to refer to the company and its products and services.

Table of Contents

  1. Acceptance of Terms
  2. Definitions
  3. User Accounts
  4. Use of the Platform
  5. AI and Medical Disclaimer
  6. Intellectual Property
  7. Payment Terms
  8. Data Handling
  9. Termination and Cancellation
  10. Limitation of Liability
  11. Indemnification
  12. Dispute Resolution
  13. Third-Party Services
  14. Changes to These Terms
  15. Privacy Policy
  16. Export Controls
  17. Contact Information

1. Acceptance of Terms

By accessing or using the Okaya platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, please discontinue using our Service immediately.

You must be at least 18 years of age or have parental/guardian consent to use this Service. Creating an account, accessing platform features, or submitting any information constitutes use of the Service.

2. Definitions

  • "Okaya" or "SmartTec" or "Company": Refers to SmartTec, Inc., a corporation that develops and operates the Okaya platform.
  • "User" or "You": Any individual or entity using the Service.
  • "Platform": The website, applications, and related services provided by Okaya.
  • "Content": Any text, images, data, or materials you post or interact with on our Service.
  • "Subscription": A paid arrangement providing access to premium features of the Service.
  • "Personal Data": Information that identifies or can be used to identify a specific individual, as defined in our Privacy Policy.

3. User Accounts

  • You must provide accurate, complete, and current information when creating an account.
  • You are responsible for safeguarding your account credentials and for all activities that occur under your account.
  • You must immediately notify us if you suspect any unauthorized use of your account.
  • You cannot share your account credentials or allow others to use your account.
  • Account sharing is strictly prohibited.
  • We provide account recovery procedures if you lose access to your account, subject to identity verification.
  • Upon account deletion, we retain certain data as required by law or as outlined in our Privacy Policy.

4. Use of the Platform

  • You agree to use the Service for lawful purposes only.
  • You must not replicate, reverse-engineer, or create a competing service based on our platform.
  • Your use is subject to volume and functionality limits as determined by SmartTec.
  • Prohibited uses include but are not limited to:
    • Posting harmful, threatening, abusive, or defamatory content
    • Engaging in spamming or automated activities
    • Attempting to gain unauthorized access to other user accounts or system areas
    • Using the platform to transmit malware or other harmful code
    • Harassing other users or interfering with their use of the Service
  • API usage is subject to separate rate limits and terms as specified in our API documentation.
  • We reserve the right to monitor usage patterns and enforce reasonable limits to ensure platform stability.

5. AI and Medical Disclaimer

  • Our AI-driven assessments are designed to support mental health awareness and are not a substitute for professional medical advice, diagnosis, or treatment.
  • The AI technology has inherent limitations and may not account for all possible medical conditions or circumstances particular to your situation.
  • Always consult a qualified healthcare provider for any health-related concerns.
  • Do not use the platform to diagnose or treat medical conditions without professional supervision.
  • The Service should never be used in emergency situations. If you are experiencing a medical emergency, contact emergency services immediately.
  • By using our Service, you acknowledge that we may use anonymized data to improve our AI systems and overall platform functionality.

6. Intellectual Property

  • All content, trademarks, and materials provided on the Service are owned by SmartTec or its licensors.
  • You may not use our intellectual property without express written permission.
  • You retain ownership of content you create and submit to the platform, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purposes of providing and improving the Service.
  • If you believe your copyrighted work has been used on our platform without authorization, please contact us following the Digital Millennium Copyright Act (DMCA) procedures at hello@okaya.me.

7. Payment Terms

  • All payments and subscription charges are processed securely through Stripe, our third-party payment processor.
  • By providing payment information, you represent that you are authorized to use the payment method and agree to have your payment method charged according to your selected plan.
  • Subscription fees are charged at the beginning of each billing cycle.
  • We do not store complete credit card information on our servers.
  • Price changes will be communicated at least 30 days in advance of taking effect.
  • Failure to maintain valid payment information may result in service interruption.
  • For subscription cancellations, please refer to our Termination and Cancellation section.

8. Data Handling

  • SmartTec utilizes Amazon Web Services (AWS) infrastructure for hosting, data storage, and processing.
  • We implement industry-standard security measures to protect your data, but no method of electronic transmission or storage is 100% secure.
  • Your personal data is processed in accordance with our Privacy Policy.
  • In the event of a data breach, we will notify affected users in accordance with applicable laws.

9. Termination and Cancellation

  • You may cancel your account at any time by contacting us at support@okaya.me.
  • For paid subscriptions, cancellation will take effect at the end of your current billing cycle unless otherwise specified.
  • Refunds are provided according to the following policy:
    • Within 14 days of initial subscription: full refund
    • After 14 days: no refund for current billing period
  • Accounts inactive for more than 12 consecutive months may be classified as dormant and subject to deactivation following notification.
  • Okaya reserves the right to suspend or terminate accounts that violate these Terms or pose a risk to our platform without prior notice.
  • Upon termination, we will retain certain data as required by law or outlined in our Privacy Policy, typically for a period not exceeding 90 days unless legally required to retain longer.

10. Limitation of Liability

  • The Service is provided "as is" and without warranties of any kind, either express or implied.
  • In no event shall SmartTec be liable for any incidental, consequential, special, or punitive damages, including but not limited to:
    • Loss of profits, revenue, or data
    • Business interruption
    • Cost of substitute services
    • Emotional distress or personal injury
  • Our total liability shall not exceed the fees paid by you in the past 12 months or $100, whichever is greater, subject to applicable law.
  • This limitation applies even if SmartTec has been advised of the possibility of such damages.
  • We are not liable for any failure or delay due to matters beyond our reasonable control, including acts of God, pandemic, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, flood, earthquake, or strike.

11. Indemnification

  • You agree to indemnify and hold harmless SmartTec and its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorney fees) arising from your use of the Service or breach of these Terms.
  • You must promptly notify SmartTec of any third-party claims subject to indemnification.
  • SmartTec reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. Dispute Resolution

  • Any disputes arising out of these Terms will be governed by and construed under the laws of the State of Colorado, with disputes resolved in Boulder County, Colorado.
  • We encourage informal resolution of disputes through our customer support channels first.
  • Any dispute not resolved informally shall be resolved by binding arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association.
  • YOU AND SMARTTEC AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND PARTICIPATE IN A CLASS ACTION LAWSUIT.
  • The arbitration will be conducted in English, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
  • Each party shall bear its own costs in the arbitration, and the arbitrator's fees shall be shared equally unless prohibited by applicable law.
  • You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@okaya.me with your name and a statement that you decline this arbitration agreement.

13. Third-Party Services

  • The Service may integrate with or provide links to third-party websites, services, or content that are not owned or controlled by SmartTec.
  • We do not endorse or assume responsibility for any third-party services, and your use of such services is at your own risk.
  • Third-party services may have their own terms of service and privacy policies, which we encourage you to review.
  • Payment processing is handled by Stripe, subject to their terms and privacy policy.

14. Changes to These Terms

  • Okaya may update these Terms from time to time. We will notify you of material changes via email and on our platform.
  • Material changes will be communicated at least 30 days before taking effect whenever possible.
  • Non-material changes may take effect immediately upon posting the updated Terms on our website.
  • Continued use of the Service after the effective date constitutes acceptance of any revised Terms.
  • If you do not agree with the revised Terms, you should discontinue using the Service and cancel your account.

15. Privacy Policy

  • Our Privacy Policy, available at https://okaya.me/privacy, is incorporated into these Terms by reference.
  • The Privacy Policy explains how we collect, use, and protect your personal information when you use our Service.
  • By using the Service, you also agree to our Privacy Policy.

16. Export Controls

  • You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.
  • You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country.

17. Contact Information

For any questions regarding these Terms, please contact us at hello@okaya.me.

SmartTec Inc. 540 Mohawk Drive. Boulder CO 80303

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