Terms of Service – Cellery.ai

Terms of Service (Version 0.1)

Last Updated: February 10, 2025

Welcome to our pilot/beta service (the “Service”), accessible via our mobile applications (iOS and Android) and web platform. These Terms of Service (“Terms”) outline the conditions under which you may use the Service. By registering for or using our Service, you agree to these Terms. If you do not agree, you may not use the Service.

1. Introduction and Definitions
2. Eligibility Requirements
3. Service Description
4. User Accounts and Registration
5. Data Collection and Privacy
6. Financial Assistance Program
7. User Rights and Responsibilities
8. Termination
9. Disclaimers and Limitations
10. Changes to These Terms
11. Contact Information

1. Introduction and Definitions

– “We,” “Us,” or “Our”: Refers to the operators of this Service and its affiliates.
– “You” or “User”: Refers to any individual accessing or using the Service.
– “Pilot” or “Beta”: Refers to the limited-release version of the Service, available to selected users for testing and feedback.
– “Third-Party Payment Processor”: A separate entity that manages financial transactions related to the financial assistance program.
– “California Privacy Act”: Refers to privacy legislation applicable in California, including the California Consumer Privacy Act (CCPA).

These Terms govern your use of the Service during the pilot/beta phase, which may include limited functionalities and restricted access.

2. Eligibility Requirements

1. Age Requirement: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.
2. Residency: You must reside in a location where the Service is lawfully offered. Currently, the Service is available to users in California, USA.
3. Compliance: You agree to comply with these Terms, all applicable laws, and any additional policies or guidelines referenced herein.
4. Access Restriction: We may restrict or deny access to any user who does not meet these requirements or who violates these Terms.

3. Service Description

Our Service is a pilot/beta platform designed to collect behavioral data from your mobile devices and web interactions to assess financial responsibility. The Service includes:

– Mobile Application:

– Available on Android and iOS devices.
– Collects usage data, device information, location (if permitted), and communication patterns.

– Web Platform:

– Accessible via standard web browsers.
– Offers functionality similar to the mobile app, excluding features dependent on mobile device sensors.

– Financial Assistance Program:

– Facilitated through a third-party payment processor.
– Limited to eligible users based on certain criteria.

– Pilot Limitations:

– Features may be incomplete or subject to change.
– Data and insights collected during the pilot may inform the future direction of the Service.

The Service does not collect health-related information and is intended solely for the assessment of financial behavior.

4. User Accounts and Registration

1. Account Creation: To access certain features, you must create an account and provide accurate information, including name, email, and other necessary details.
2. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
3. Account Information: You agree to keep your account information current and accurate.
4. Pilot Participation: Enrollment in the pilot is limited, and we may accept or reject registration requests at our discretion.
5. Electronic Acceptance: By clicking “I Agree” or a similar mechanism, you consent to these Terms electronically, consistent with the ESIGN Act.

5. Data Collection and Privacy

We value your privacy. Our Privacy Policy outlines how we collect, use, and protect your data. Key points include:

1. Types of Data Collected:

– Device Usage Patterns: Screen time, app usage, and device activity.
– Location Data: GPS coordinates or approximate location (if you grant permission).
– Communication Patterns: Call duration statistics and communication logs (no call or message content).
– Device Information: Device model, operating system, and resource usage.

2. Purpose of Data Collection:

– Behavioral Analysis: Identify financial responsibility indicators.
– Service Improvement: Enhance user experience and refine pilot features.
– Pilot Feedback: Gather data to optimize future iterations.

3. Data Storage and Protection:

– Data is encrypted in transit and at rest where possible.
– Access is limited to authorized personnel.
– Retention is restricted to the duration of the pilot or as required by law.

4. Third-Party Data Sharing:

– We may share data with service providers and our third-party payment processor under strict confidentiality obligations.
– We do not sell personal data.

5. California Privacy Act Compliance:

– You have rights to access, delete, or opt out of certain data processing.
– Please refer to our Privacy Policy for detailed instructions.

6. User Control:

– You can manage permissions on your device for data collection (e.g., location services).
– You may request account deletion at any time.

6. Financial Assistance Program

1. Overview: The Service may facilitate a financial assistance program by providing grants or other forms of support to eligible users.

2. Third-Party Payment Processor:

– All financial transactions are processed by a third-party payment processor.
– By participating, you agree to the processor’s terms and conditions.

3. Program Limitations:

– Funds are limited and may be disbursed based on program criteria.
– Not all users are guaranteed assistance.
– We reserve the right to modify or discontinue the program at any time.

4. Financial Data Handling:

– Financial information is shared with the payment processor as needed to complete transactions.
– We do not retain bank account or credit card details beyond what is necessary for payment operations.

7. User Rights and Responsibilities

1. Account Security: Maintain the security of your login credentials.
2. Accurate Information: Provide truthful details when creating and maintaining your account.
3. Acceptable Use: Use the Service in compliance with applicable laws, avoiding harmful or illegal activities.
4. Prohibited Activities:

– Unauthorized access to other user accounts.
– Distribution of malware or harmful code.
– Reverse-engineering or exploiting system vulnerabilities.
– Using the Service for unlawful financial transactions.

5. Communication Preferences:

– By registering, you consent to receive communications related to your account or the pilot.
– You can opt out of marketing emails at any time via email settings or contact us directly.

8. Termination

1. By the User: You may terminate your account at any time by following in-app instructions or contacting us directly.

2. By Us: We may suspend or terminate your access for:

– Violation of these Terms or applicable laws.
– End of the pilot program or discontinuation of the Service.
– Security or operational concerns.

3. Effects of Termination:

– Your rights to use the Service immediately cease.
– We may retain certain data as required by law or for legitimate business purposes, subject to our Privacy Policy.

9. Disclaimers and Limitations

1. Pilot Status: The Service is provided in a pilot/beta phase and may contain defects or limited functionality.

2. No Warranty: The Service is offered “as is” and “as available,” without warranties of any kind.

3. Financial Outcomes: We do not guarantee any specific financial result or outcome from using the Service.

4. Limitation of Liability: To the maximum extent allowed by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the Service, including data loss or financial loss.

5. Governing Law and Disputes:

– These Terms are governed by the laws of California, without regard to conflict-of-law principles.
– Any disputes will be resolved in the appropriate courts of California.

10. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or via email before the changes take effect. Your continued use of the Service after such updates signifies your acceptance of the revised Terms.

11. Contact Information

If you have questions about these Terms or need assistance, please contact us:

Email: support@cellery.ai

We welcome your feedback on the pilot/beta phase of the Service. Thank you for participating and helping us improve.

Key Points Summary

– This Service is in a pilot/beta phase and may have limited features.
– We collect behavioral data for financial assessment.
– A third-party payment processor manages financial transactions.
– We comply with California privacy laws.
– You maintain account security and provide accurate information.
– We reserve the right to modify or terminate the Service.

By continuing to use the Service, you acknowledge that you have read, understood, and agreed to these Terms of Service.