Theta Software Inc

Terms of service of agreement.

Last updated: March 15, 2025

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: British Columbia, Canada

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Theta Software Inc, 2600 - 1066 West Hastings Street Vanvouver, BC V6E 3X1 CANADA Email: info@thetasoftware.ca .

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Application.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of service agreement. If You disagree with any part of these Terms of service agreement then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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 Company Theta Software Inc is the propreitory owner of Application MTD ( My Talking Diary).

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC). is an AI Powered VOIP personal assistant that uses contextual intelligence to extract Summary, Insight from a conversation with speaker diarization and task creation.

 

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 ‘VoIP’ is an acronym that stands for Voice over Internet Protocol. This service is a best effort service that relies upon the internet, which is out of the control of MTD (My talking Diary- An application from Theta Software Inc)

Under normal circumstances the service will provide a reliable and good quality communication path; however, the overall reliability of the circuit to always be available cannot be guaranteed.

Quality of the contextual intelligence used to fetch insight is not guaranteed. AI can often do mistakes. 

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) do not take any responsibility or liability of the genuinity of the performance of the AI. 

1.1  By establishing an account or using the Services of MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC). you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy, and other policies. The following terms and conditions shall apply to all customers MTD( My talking Diary- An application from Theta Software Inc. This Agreement is part of and shall be incorporated into the Acceptable Use Policy.

1.2  In utilizing MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) VoIP Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as MTD( My talking Diary- An application from Theta Software Inc) may modify it from time to time

Please read these Terms of service of agreement. carefully before using Our Service.

1.3  You may cancel your account at any time by sending an email to sales@thetasoftware.ca, from the email address you have on record with your account. After which, you will be sent a request for cancellation confirmation to the e-mail address registered to your account. In order to cancel your account, you agree that; (i) you will confirm your request to cancel your account by responding to the confirmation request sent to the e-mail address registered to your account; (ii) cancellation of your account will be effective on receipt of the account cancellation confirmation from you and processing by us; (iii) any and all fees paid by you if you cancel your account with us are non-refundable, and no additional fees will be incurred on a cancelled account after receipt of the account cancellation confirmation from you; and (vi) cancellation of your account will also result in the cancellation of any and all service(s) associated with the cancelled account; (v) you will be liable for any charges incurred under your account until the point in time your account has been confirmed cancelled. In no event will we be liable for any loss of your service(s) or any other damages resulting from an account cancellation notice, including a non-delivery or mis-delivery thereof or your lack of response to an account cancellation confirmation notice.

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Account setup

By establishing an account on our system, you agree that; (i) you are the owner or have express written permission by the owner of the web site which will use our service(s); (ii) you will not use the account for any unlawful purpose(s) and that, to the best of your knowledge and belief, neither the setting up of an account, nor the use you make of the service(s) offered by MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC), will infringe the legal rights of others; and (iii) you will setup and maintain a current and accurate account with us. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) services or to cancel your account or MTD( My talking Diary- An application from Theta Software Inc) services (even if we were not notified of such authorization), this Agreement covers such actions.

Failure to properly setup or provide accurate and timely information about your account may result in the cancellation of your account and any MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) service(s) associated with that account. We also may suspend, cancel, modify, or transfer your account or service(s) associated with your account to comply with the order of a court or other tribunal. You should also be aware that if we are sued or threatened with lawsuit in connection with your account or the use of MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) service(s), we may turn to you to hold us harmless and indemnify us

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Upon completion of all registration information, acceptance of this Terms and Conditions, account set up being done MTD( MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) will provide you with, as applicable, a password, user ID, and/or PIN and connecting your phone number with the application which involves otp validation. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) if any unauthorized use of your Account or any other breach of security has occurred. In no event shall MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) be liable for any unauthorized use of your Account.

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In exchange for the goods and services supplied MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) will accept most debit and credit cards. The types of cards acceptable will be shown on the website or application. All customers warrant that they are the legitimate owner of the credit or debit cards used for purchase of goods or services of VoIPstudio; that the card(s) carry a valid card number; that the expiry date is subsequent to the date of use and that there is a valid security code on the back of the card. All users are hereby notified that the improper use of a credit/debit card could be a criminal offence. It should be noted that all customer payments are automated. 

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We reserve the right to modify our Network, system configurations or routing configurations. Nothing in these Terms and Conditions will create or vest in you any right, title or interest in a Services, its configuration, or associated telephone numbers or addresses provided by us. We may, at our sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network provided that this does not have a material adverse effect on the committed Service.

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If your traffic is negatively impacting our Network, we may temporarily stop your Service to determine what is causing the impact. MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) reserves the right to suspend service without prior notification.

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) will use commercially reasonable efforts assist You, through Your authorized Account contacts, with setting up and configuring Your Account, having access to the Services and other issues related to the Services. Only Your authorized Account contacts may request information, changes or technical support pursuant to the Agreement. For more information, visit the technical support page of thetasofgtware.ca's administrative control panel. MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)  technical support response time depends on the complexity of the inquiry and support request volume.

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​Account transfer

Accounts on MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC), are non-transferable. You agree that;

(i) accounts will remain under the ownership of the entity which originally completed the account registration application; and (ii) accounts whether having been used or not to purchase our service(s) may not be re-sold, leased, rented or licensed to another party.

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Mandatory information

In order to use our service(s), you agree to provide us with the following mandatory personal contact information; (i) your full legal name; (iii) e-mail address; and (iv) voice telephone number(s) which can receive sms to validate the authentication . If an organization, association, or corporation, the name of an authorized person for contact purposes. Failure to provide any mandatory information or inaccurate mandatory information may result in the cancellation of your account and any service(s) associated with that account.

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Modification of your account

In order to change any of your account information with us, you must login with your User Name, and the Password. Once your account is setup, you agree that the safeguarding of your User Name and Password from any unauthorized use is your sole responsibility. In no event will MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) be held liable or responsible for any unauthorized use or misuse of your account, User Name or Password.

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Security

Our services are provided through a react native platform interface using secure socket layer (SSL) technology. When you setup or modify an account or purchase a service(s) with us through our interface, you agree that you are responsible for ensuring your browser meets certain requirements.

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System Performance

In instances where various components of or all of our systems are performing substantially below standard capacity as a result of an extremely high volume of electronic traffic you agree that; (i) we in our sole and absolute discretion reserve the right to filter or block electronic messages originating from the identified sources of the high volume traffic; and (ii) we may selectively restore service after system performance returns to normal limits, provided that such restoration does not result in any adverse impact on the system.

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Personal Information Protection

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) will take reasonable precautions to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction.

By signing the terms of servcice agreement ,you agree that in no event will we be held liable or responsible for any unauthorized use, misuse, loss, alteration or destruction of your personal information or any part thereof.

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Fees. payment and terms of service

In consideration for the services you have selected, you agree to pay MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) via an automatic credit card/debit card billing system the applicable service(s) fees set forth on our mobile application in the billing section at the time of your selection, and as may be amended from time to time. As you are paying for a service, the fulfillment of this service is immediate upon purchase as such, all fees are due immediately and are non-refundable. Service activation will not occur until all fees have been received in full. MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)may avail itself all remedies available to collect any and all fees owed to it by customers. Unless otherwise specified, our service(s) are available on a month-by-month basis and automatically renewable thereafter on a month-by-month basis until such time as they are cancelled.

Fees apply to your use of certain Services. Fees may include activation, recurring subscription, and usage fees. Activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE and NON- TRANSFERRABLE

 

Service modificatons

You authorize us to notify you as our customer of the modification(s) to any service you may have. You will be notified by e-mail from us at: official@thetasoftware.ca by postal service to the then current address provided by you. You agree that in no event will we be liable for any loss resulting from a service modification notice non-delivery or mis-delivery, your lack of response to a modification notice.

Without incurring liability, MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) may at any time and without notice to the Subscriber change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, the Subscriber will be responsible for paying all charges incurred for the use of the Services despite the change or modification, as of and after the date thereof​

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MODIFICATIONS TO AGREEMENT

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may, in our sole discretion: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. We will post a prominent notification of any such revision or change on our web site. Any such revision or change will be binding and effective immediately upon the earlier of (i) its posting or (ii) upon notification to you by e-mail or postal service to the then current address provided by you. You agree to periodically review our Web site or mobile application, including the current version of this Agreement available on our Web site or mobile application, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail at: official@thetasoftware.ca or postal service addressed as follows, Attention:

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      2600 - 1066 West Hastings Street

      Vanvouver, BC V6E 3X1
     CANADA

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INDEMNITY

You agree to release, indemnify, and hold MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC), in our capacities as the service provider, and our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns, harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the MTD( My talking Diary- An application from Theta Software Inc services provided hereunder or your use of MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) In services, including without limitation, infringement or dilution by you, or someone else using our service(s) from your computer or mobile phone, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.

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• NO GUARANTY

You agree that, by your registering of a valid account, such registration does not confer upon you any immunity from objection to either the account registration or use of our service(s)

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1. • DISCLAIMER OF WARRANTIES

   WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S). WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE USE OF OUR SERVICE(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VOIP MUCH DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)  DOES NOT REPRESENT THAT THE SERVICES OR ANY DATA ACCESSED USING THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES.,

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

1. You agree that this Agreement, the rules and policies published by us, and the Privacy Policy are the complete and exclusive Agreement between you and us regarding our services. This Agreement, our rules and policies and the Privacy Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

2. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our sole option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, shall render this Agreement voidable at our option

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Links to Other 3rd party websites or service provider

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Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms of service agreement and privacy policies of any third-party web sites or services that You visit.

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Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of service of agreement.

Upon termination, Your right to use the Service will cease immediately.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For Canadian Users,

If you are Canadian consumer, The PIPEDA act in Canada deals with the privacy of data. This act governs the collection, use and disclosure of personal information in the course of business

By signing the terms of service agreement you are agreeing to disclose your full name, e mail id and working mobile number.

You are agreeing to get your call conversation recorded, preserved, archived, used by the 3rd party to fetch contextual intelligence. IF YOU DO NOT UNDERSTAND THESE LIMITATIONS OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THIS SERVICE AGREEMENT OR USE OUR VOiP SERVICE.

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For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require

such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using our mobile application 

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)

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 Free Trial

We offer the following free trial of our services: A 3 day free trial that begins when users register for a new account. The free trial includes using the basic features in our mobile application.

At the end of your free trial, the following will occur:

You will automatically be billed our monthly  / monthly subscription rate. Jf you do not want to be billed, you will need to cancel your subscription before your free trial ends.

To cancel your free trial, please follow these steps:

Log in to your account and select "Cancel Free Trial" under the "Account Management" tab

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Payments

We accept the following payment methods on our Site:

• Credit Card;

 

• PayPal; and

 

• Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

 

 Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of service agreement will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

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Limitation of Liability.

THETA SOFTWARE INC and our directors, officers, agents, employees, subsidiaries, and aftiliatcs will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

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Indemnify

Except where prohibited by law, by using this Site you indemnify and hold harmless THETA SOFTWARE INC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

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Additional Terms

• If Your Service includes Voice Over Internet Protocol ("VOiP") service, YOU MAY BE UNABLE TO USE OUR VOiP SERVICE FOR 911 OR OTHER 3RD PARTY AUTHENTICATION UNDER CERTAIN CIRCUMSTANCES, AND LIMITS AND DISCLAIMS OUR LIABILITY. OUR VOiP SERVICE IS NOT INTENDED TO FUNCTION ASA REPLACEMENT FOR LINE-POWERED (TRADITIONAL COPPER-WIRE) PHONE SERVICE AND WILL NOT PROVIDE THE FUNCTIONAL EQUIVALENT OF TRADITIONAL PHONE SERVICE FOR CALLING 911. IF YOU DO NOT UNDERSTAND THESE LIMITATIONS OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THIS SERVICE AGREEMENT OR USE OUR VOiP SERVICE;

• (a) All VoIP system telephone licences howsoever made available to you, shall remain our property at all times. You shall not be entitled to sell, share or transfer in anyway the VoIP licences to or with any third party without obtaining our prior written consent.

(b) Although our VoIP Services can often work with third party broadband suppliers' networks ("Third Party Network"), we do not give any assurances of Call quality or system functionality where you use the VoIP Services with or in conjunction with any Third Party Network as these networks are outside of our direct control. (c) Where you use a Third Party Network and/or your own equipment in relation to the VoIP Services you shall be responsible for securing adequate quality of service and/or firewall rules in order to ensure that sufficient bandwidth and connection speed is reserved and available for the VoIP Services. (d) Should you use a Third Party Network and you experience bad call quality, it is your responsibility to contact your supplier to resolve these issues. If you require our help then you must request such assistance in writing and we will charge you on an hourly basis to help resolve this issue. These charges are levied and you shall be liable to pay the charges even if the issue is not resolved. (e) You are liable for any rental fees associated with the Service for the period of the Contract. Should you wish to cancel before the Contract for rental Services has expired please refer to 16.2. (f) You accept that you do not own any number(s) provided to you under this Contract (each a "Number") and that this Contract is personal to you. Therefore, you have no right to sell or to agree to transfer any Number(s) provided to you by us in connection with the Services and you must not doso or try todoso. (g) You also accept that we have the right to reallocate to a third party any Numbers that are provided to you for use with the Services but that you do not use for a period of six (6) months. However, provided you continue to pay any recurring rental charges for the relevant Number(s), we shall not exercise this right;

• Client authorizes MTD ( My Talking Diary- An Application from Theta Software Inc) to monitor Client's use of the Services. Client acknowledges that MTD ( My Talking Diary- An Application from Theta Software Inc) may record calls for various purposes, including but not limited to the extraction of insights and summaries by using Artificial Intelligence, NLP, machine learning on the recorded calls between the parties CLIENT CONSENTS BY ITS ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO MTD ( My Talking Diary-An Application from Theta Software Inc) USE OF RECORDED CONVERSATIONS, USING CONTEXTUAL INTELLIGENCE FOR MTD ( My Talking Diary-An Application from Theta Software Inc) IS MANDATORY. IFYOU DO NOT UNDERSTAND THESE LIMITATIONS OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THIS  SERVICE AGREEMENT OR USE our application 

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Use of conference recording features initiated by Client may subject Client to State and/or Federal laws or regulations regarding the notification to participants of the use of these features. Client is solely responsible for and obligated to provide any required notification to participants prior to commencement of such recording. Client acknowledges and agrees that Client may not record or tape any Web, video or telephone conversation in connection with the Services unless Client is in compliance with all laws relating to the recording of communications and protecting the privacy of communication for all parties to the conversation. Client acknowledges and agrees that MTD ( My Talking Diary- An Application from Theta Software Inc) has not provided, and is not expected to provide, Client with any analysis, interpretation or advice regarding Client's compliance with State and/or Federal laws or regulations regarding the Services provided. Client assumes any and all duty to protect Client's customers from violations of the aforementioned laws as a result of Client's use of the Service. Client further acknowledges and agrees that MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) shall have no responsibility for any required notification to Client's customers or to conference call participants;

• THE RECORDED CALL FILES WOULD BE IN THE POSESSION OF MULTIPLE 3RD PARTIES, such as the LLM Party (

Large language modelling service provider), VOiP Service provider, FROM WHERE THE AP!s are fetched for us to integrate with our mobile application to create functionality and features of the app for the user which is mandatory. IF YOU DO NOT UNDERSTAND THESE LIMITATIONS OR DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT

THIS SERVICE AGREEMENT OR USE OUR VOiP SERVICE.

 

MTD ( My Talking Diary- Mobile Application from Theta Software Inc) shall have no duty, responsibility, accountability to determine the level of security, genuinity, efficacy of the contextual intelligence of the application. Please note that AI ( Artificial Intelligence) could do mistakes or be incorrect in certain situation in fetching the insights or creating tasks. So do not rely on it completely. Use your own way of verifying or validating the intelligence of AI used in MTD ( My Talking Diary-An Application from Theta Software Inc).

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)  is not responsible for any automatic erratic insights, transcription, summary or task generated by the AI.

IF YOU DO NOT UNDERSTAND THESE LIMITATIONS OR DO NOTAGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THIS SERVICE AGREEMENT OR USE OUR  APPLICATION MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC.)

No extra security precautions will be undertaken by MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) unless Client has so requested. Client further acknowledges and agrees that MTD ( My Talking Diary- An Application from Theta Software Inc) does not control Client's content nor guarantee the accuracy, integrity, security or quality of Client's content shall have no duty to determine the level of security necessary for a conference/normal call. No extra security precautions will be undertaken by MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) unless Client has so requested. Client further acknowledges and agrees that does not control Client's content nor guarantee the accuracy, integrity, security or quality of Client's content;

• PROPRIETARY INFORMATION AND NON-DISCLOSURE

Each party{the"Receiving Party") acknowledges that the other party{the "Disclosing Party") may transmit to the Receiving Party information which is considered proprietary, confidential and/or competitively-sensitive by the Disclosing Party and agrees to take all reasonable and necessary steps to preserve the confidentiality of all information designated by the Disclosing Party, in writing or orally, as such ("Proprietary Information"). Such Proprietary Information may include, but is not limited to, trade secrets, know­ how, inventions, techniques, processes, computer programs, schematics, data, Client lists, financial information and sales and marketing plans. Without limiting the foregoing, the Agreement and the pricing terms referenced herein shall be considered Proprietary Information of MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC). Proprietary Information shall not be used, or allowed to be used, by the Receiving Party for any purpose other than to facilitate the performance of its obligations to the Disclosing Party or disclosed to any third party without the Disclosing Party's prior written consent, unless such disclosure is compelled by law or order of a court or other governmental authority. Proprietary Information disclosed to the Receiving Party is and shall remain the property of the Disclosing Party. The Receiving Party shall return all Proprietary Information and all copies thereof to the Disclosing Party or destroy all Proprietary Information in its possession, custody or control in whatever form held promptly upon the reasonable written request of the Disclosing Party. The obligations set forth in this Section 8 shall survive termination of the Agreement. Proprietary Information shall not include (i) information which at the time of disclosure was generally available to the public; (ii) information which subsequent to its disclosure is published or otherwise becomes available to the public through any means other than an act or omission of the Receiving Party; (iii) information which was previously known to the Receiving Party free of any obligation to keep it confidential or which is subsequently developed in good faith by the Receiving Party; or (iv) information rightfully acquired in good faith from a third party on a non-confidential basis without breach of an agreement to maintain said information in confidence.;

• Each party will comply with all applicable personal data protection and privacy Laws (the "Data Protection Laws"). Client acknowledges and agrees that MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) may have access to personal information and/or personal data under the Data Protection Laws and may: (a) use such personal information/data to provide the Services and for identification, account administration, analysis and fraud/Joss prevention purposes; (b) process it only in accordance with Client's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental Joss, destruction or damage to it. Client further acknowledges and agrees that Client is the data controller and retains full responsibility for the personal information/data processed on its behalf by MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) acting as data processor.

 

Subject to the terms and conditions of this Agreement, Client has and will retain sole responsibility for: (a) all Client Content and all personal information/data provided by Client to MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)to enable the provision of the Services (collectively, "Client Data"), including its content and use; (b) all information, instructions and materials provided by or on behalf of Client in connection with the Services; (c) Client's information technology infrastructure, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by Client or through the use of third-party services ("Client Systems"); and (d) all access to and use of the Services directly or indirectly by or through the Client Systems or its access credentials, with or without Client's knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use.;

• Notwithstanding the foregoing, MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) may terminate this Agreement and/or suspend the provision of Services immediately for cause if: (i) Client becomes insolvent, bankrupt, subject to receivership or dissolves; (ii) Client commits any act, or omits to take any action, which subjects MTD ( My Talking Diary- An Application from Theta Software Inc) to any fine, penalty, complaint, inquiry or investigation regarding any other unfair, illegal and/or unethical business practices; or (iii) illegal, fraudulent, improper or abusive use of the Services, as determined in ViaVid' sole and absolute discretion; (iv)MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC)  deems it reasonably necessary to prevent interruption or disruption to MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) network, its business, its vendors or other clients; (v) Client uses trademarks or intellectual property of MTD ( My Talking Diary-An Application from Theta Software Inc) or its vendors without written consent from MTD ( My Talking Diary- An Application from Theta Software Inc) or its vendors; (vi) any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid for a period of ninety (30) days after the due date; or (vii) for breach, not subject to cure. MTD ( My Talking Diary- An Application from Theta Software Inc) shall not be liable to Client or any third party should MTD ( My Talking Diary- An Application from Theta Software Inc) exercise its right to discontinue Services, in whole or in part, or terninate this Agreement.;

• Client acknowledges and agrees that MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) reserves the right, in its sole discretion, to change the applicable pricing or institute new or additional charges and/or fees for access to or use of Services at any time without any prior written notice to the Client. In addition, MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) reserves the right to modify the rates set forth in this Agreement as a result of: (i) the imposition of new regulations, modifications of existing regulations, new interpretation, application or enforcement ot: or exercise of authority related to, any regulation or finding of any federal, state and/or local regulatory agency, legislative body, or court of competent jurisdiction, including, without limitation, the imposition of any charges, surcharges, and/or taxes in reliance on or as a result of the same ("Regulatory Change"); and (ii) changes in MTD ( My Talking Diary- An Application from Theta Software Inc) underlying vendor costs ("Vendor Change"). MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) reserves the right, at any time to (i) pass through to Client all charges, surcharges, and taxes directly or indirectly related to the Services; and/or (ii) modify the rates and/or terms and conditions of the Agreement to reflect the impact of such Regulatory Change or Vendor Change.;

 

• From time to time, MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) may issue credits or discounts (other than "billing error" or "interruption"credits for various reasons at its sole discretion.

• All the bills are prepaid against the services mentioned in the billing section of the application MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) Client need to red the features carefully before opting for the service. Any amount paid is non-refundable and non-transferrable at any cost whatsoever.

• In the event Client believes there is a billing error in any invoice issued by MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) hereunder, Client shall provide written notice to MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) of the basis for such dispute within 3 days of its receipt of the invoice; otherwise, Client relinquishes and waives the right to any credit or correction of the invoice. Client must send written notice of the dispute to MTD ( My Talking Diary-An Application from Theta Software Inc) via email to official@thetasoftware.ca, with "Notice of Billing Dispute" in the subject line of the email. Such notice must include Client's contact information, the specific dollar amount in dispute, detailed supporting reasons for the dispute, and any supporting documentation if available. All the services arc prepaid. Any amount paid is non-refundable and non­ transferrable in any situation, whatsoever it may be. Any Amounts charged for Services which are reasonably disputed by Client shall apply only if  MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) as a service provider has some technical issues leading to interruption in services and such issues should be reported by the client in 3 working days for immediate resolution, failing to do the same will attract no reimbursement from MTD ( My Talking Diary- An Application from Theta Software Inc) However if the services arc interrupted for some technical reason from clients side then no reimbursement will be catered to the client.

MTD ( MY TALKING DIARY- A PRODUCT OF THETA SOFTWARE INC) reserves the right to deny any and all billing disputes and/or delay credits for whatsoever situation it may be..

 

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to retlect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: official@thetasoftware.ca