Terms of Use
- Last Updated:
- July 18, 2026
- Effective Date:
- July 18, 2026
Terms of Use
Last Updated: July 18, 2026 Effective Date: July 18, 2026
These Terms of Use (these "Terms" or this "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and My Opus, Inc., a Delaware corporation with its principal place of business in Utah ("Opus," "Company," "we," "us," or "our"), governing your access to and use of the Services (as defined below).
Important
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 20 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER)) THAT AFFECT HOW DISPUTES BETWEEN YOU AND OPUS ARE RESOLVED. BY ACCEPTING THESE TERMS OR BY ACCESSING OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, (B) AGREE TO BE BOUND BY THESE TERMS AND THE OTHER DOCUMENTS INCORPORATED BY REFERENCE INTO THE AGREEMENT (AS DESCRIBED IN SECTION 1.1 (ACCEPTANCE)), AND (C) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
1. Agreement to Terms; Definitions
1.1 Acceptance
By creating an account, accessing, downloading, installing, or otherwise using any portion of the Services, you accept and agree to be bound by these Terms and the following additional documents, each of which is incorporated herein by reference (these Terms together with such additional documents, the "Agreement"):
(a) the Opus Privacy Policy; (b) the Opus Cookie Policy; (c) the Opus DMCA and Copyright Policy; (d) the Opus Subprocessor List; and (e) the Opus Responsible AI Use Policy.
These Terms apply to all Users of the Services, including without limitation Users who are visitors, registered account holders, beta participants, and paid subscribers. References in these Terms to "these Terms" include the additional documents incorporated by reference, except where the context clearly requires otherwise.
1.2 Definitions
For purposes of these Terms:
(a) "Services" means, collectively, (i) the Opus mobile application; (ii) the Opus website at [opuswithin.com] and any related subdomains; (iii) the Opus web application; (iv) any associated content, features, functionality, software, application programming interfaces, communications channels (including push notifications and email), and services made available by Opus from time to time; and (v) any updates, enhancements, modifications, or new versions of any of the foregoing.
(b) "User Content" means any text, written responses, journal entries, reflections, goals, quest reports, prompts, audio, images, files, or other content or materials that you submit to, upload to, transmit through, or otherwise provide to or through the Services.
(c) "Outputs" means any insights, interpretations, lessons, quests, summaries, recommendations, content, or other materials generated, produced, or delivered to you by or through the Services, including content generated through artificial intelligence and automated systems.
(d) "Opus Materials" means the Services and all software, code, models, weights, prompts, designs, user interfaces, content, data, methodologies, text, graphics, images, audio, logos, trademarks, service marks, trade names, trade dress, and all other materials and intellectual property contained in, made available through, or comprising the Services, excluding User Content and Outputs to the extent expressly licensed to you under these Terms. Opus Materials include Opus's proprietary application, implementation, and adaptation of the writings of Carl Jung, the cognitive function model developed by John Beebe, and related cognitive frameworks, including its proprietary curriculum, lesson and quest content, prompts, and assessment methodology. Opus does not claim ownership of the underlying cognitive theories, frameworks, or concepts developed by Carl Jung, John Beebe, or other third parties, which remain the work of their respective authors and the broader public domain of psychological scholarship.
2. Eligibility
2.1 Age Requirement
The Services are intended solely for use by individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that:
(a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into a binding contract; (c) you are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction; (d) you are not currently restricted from the Services and are not otherwise prohibited from having an account; and (e) you will use the Services only in compliance with these Terms and all applicable laws.
2.2 No Use by Minors
The Services are not directed to and may not be used to create an account or to access User-account features by individuals under eighteen (18) years of age. We do not knowingly collect personal information from minors. If we learn that a User is under eighteen (18) years of age, we will terminate that User's account and delete associated personal information in accordance with our Privacy Policy.
Certain portions of the Services that are publicly accessible without an account, including the Opus marketing website, the Opus blog, and other publicly accessible informational pages (collectively, the "Public Pages"), may be viewed by visitors of any age. The Public Pages do not require account creation, and visitors to the Public Pages do not provide User Content. The age restriction in this Section 2.2 applies to use of the account-required features of the Services. Where children under thirteen (13) years of age may visit the Public Pages, we collect from them only the limited information described in our Privacy Policy and in accordance with the Children's Online Privacy Protection Act ("COPPA") and applicable law.
2.3 Geographic Availability
The account-required features of the Services are currently made available only to residents of the fifty (50) United States and the District of Columbia (the "Permitted Territory"). By creating an account or using the account-required features of the Services, you represent and warrant that you are physically located in, and a resident of, the Permitted Territory.
We may, at our sole discretion, expand the Permitted Territory to additional jurisdictions at any time, with or without notice. The expansion of the Permitted Territory is not a material change to these Terms with respect to existing Users in the Permitted Territory and accordingly does not trigger the advance-notice obligation in Section 23 (Changes to These Terms).
We may use technical measures (such as IP-based geolocation) to enforce this geographic restriction. The Public Pages remain accessible globally, subject to applicable export control and sanctions laws as set forth in Section 24.10 (Export Compliance).
3. Description of Services
3.1 Nature of the Services
Opus is a digital coaching application designed to support self-discovery, personal reflection, and personal growth, drawing on the writings of Carl Jung and the cognitive function model developed by John Beebe. The Services use automated systems, including artificial intelligence and large language models, to generate personalized content and Outputs based on your inputs and interactions, including (without limitation) prompts, lessons, quests, reflections, summaries, and other content the form and scope of which may evolve over time.
3.2 Modifications to the Services
We reserve the right, at our sole discretion, to modify, suspend, discontinue, or terminate any aspect or feature of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services or any portion thereof. Where commercially practicable, we will endeavor to provide reasonable notice of material changes that adversely affect your use of the Services.
3.3 Availability
The Services are provided on an "as available" basis. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful code. The Services require an active internet connection to function. We do not currently offer offline access to the Services, and certain features may not be available where your connection is intermittent or unavailable. You are solely responsible for the equipment, software, and internet connectivity necessary to access and use the Services, including any data charges or other fees imposed by your carrier or internet service provider.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Services, you must create an account. You agree to:
(a) provide accurate, current, and complete information during the registration process; (b) maintain and promptly update your account information as necessary to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your account credentials; (d) accept all risks of unauthorized access to your account and the information you provide to us; and (e) immediately notify us at the address in Section 25 (Contact Information) of any actual or suspected unauthorized use of your account or any other breach of security.
4.2 Authentication
We may permit you to register or authenticate your account using third-party authentication services (such as social login through Apple, Google, or other providers). Your use of such third-party services is governed by the applicable third-party terms and privacy policies, and we are not responsible for the practices of those providers.
4.3 Account Responsibility
You are solely responsible for all activity that occurs under your account, whether or not authorized by you. We may, but are not obligated to, monitor or investigate accounts and may terminate or suspend access to any account at any time in accordance with these Terms.
4.4 One Account Per User
Unless we otherwise authorize, you may maintain only one (1) account, and you may not share your account credentials with any other person.
5. Subscription Plans and Payment Terms
5.1 Free and Paid Tiers
The Services may be offered on a free basis, on a subscription basis, or on a one-time-purchase basis. As of the Effective Date, the Services are provided free of charge. We reserve the right to introduce paid subscription plans, one-time-purchase features, or other paid features at any time, and to modify the features available on each tier from time to time. Specific pricing, billing, and payment terms applicable to any paid plan will be presented to you at the time of purchase or subscription and will be incorporated into and governed by these Terms, including (when activated) the provisions of Section 5.2 (Subscription Terms).
No charges without affirmative election. You will not be charged for any paid feature unless you affirmatively elect to purchase or subscribe to that paid feature through a transaction in which you are presented with the applicable pricing, billing, and subscription terms and you affirmatively accept those terms. Your continued use of any free tier following the introduction or modification of paid features will not, in and of itself, constitute acceptance of any payment obligation or amendment of these Terms with respect to your existing free use.
Introduction of paid features is not an amendment to your existing Terms. The introduction of, or changes to, paid plans, paid features, or pricing applicable to such plans or features is not, and shall not be construed as, a material amendment to these Terms with respect to Users who continue to use the Services on a free tier without electing any paid feature. The provisions of Section 23 (Changes to These Terms) (including any advance-notice obligations thereunder) accordingly do not apply to the introduction of paid plans or features for Users who do not elect to purchase or subscribe to such plans or features. Where you elect to purchase or subscribe to a paid feature, the additional pricing, billing, and subscription terms applicable to that purchase or subscription will be presented to you at the point of purchase or subscription, and your affirmative acceptance of those terms at that time will constitute acceptance of those provisions as a new contractual transaction governed by these Terms.
5.2 Subscription Terms
[RESERVED. This Section 5.2 is reserved for activation upon the launch of paid subscription plans or other paid features. The provisions below reflect the standard subscription terms that will be activated, refined, and finalized prior to the launch of any paid plan. Until such activation, the Services are provided free of charge as set forth in Section 5.1.]
(a) Subscription Term: Subscriptions are offered on a recurring basis (e.g., monthly or annual). Each subscription will automatically renew at the end of the then-current term for an additional term of equal length unless canceled in accordance with Section 5.2(f) (Cancellation) prior to the renewal date.
(b) Payment Authorization: By providing a payment method, you authorize us (and our third-party payment processors, including Apple, Google, and/or Stripe) to charge the applicable fees, taxes, and other charges to your designated payment method on a recurring basis.
(c) Pricing Changes: We reserve the right to modify pricing for any paid feature or plan. We will provide reasonable advance notice of pricing changes affecting renewals.
(d) Refunds: Except as required by applicable law, all fees are non-refundable. Where you purchase through the Apple App Store, Google Play Store, or another platform provider, refunds (if any) will be governed by that platform's policies.
(e) Free Trials and Promotional Offers: We may offer free trials or promotional offers from time to time. These offers may be subject to additional terms presented at the time of the offer. Unless otherwise stated, free trials automatically convert to paid subscriptions at the end of the trial period unless canceled.
(f) Cancellation: You may cancel a subscription at any time through your account settings or, where you purchased through a third-party platform, through that platform's mechanisms. Cancellation will take effect at the end of the then-current billing period, and you will retain access to paid features until that time.
(g) Taxes: All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, and you are responsible for payment of such taxes (other than taxes based on our net income).
6. Beta and Early Access Programs
6.1 Beta Designation
Portions of the Services, including any pre-release, alpha, beta, preview, evaluation, early access, canary, nightly, or test versions of the Services or any features thereof (each, a "Beta Service" and collectively, "Beta Services"), are made available to you for the limited purpose of testing, evaluation, and feedback. The Services as currently offered (including any version designated 0.x or as "alpha" or "beta") are Beta Services.
6.2 Beta Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT BETA SERVICES:
(a) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND; (b) MAY CONTAIN BUGS, ERRORS, AND DEFECTS, AND MAY BE UNSTABLE, UNRELIABLE, OR UNAVAILABLE FOR PERIODS OF TIME; (c) MAY BE MATERIALLY MODIFIED, REPLACED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE; (d) MAY RESULT IN THE LOSS, CORRUPTION, OR INACCESSIBILITY OF USER CONTENT, OUTPUTS, OR ACCOUNT DATA, AND WE EXPRESSLY DISCLAIM RESPONSIBILITY FOR SUCH LOSS; (e) ARE NOT SUBJECT TO ANY SERVICE LEVEL AGREEMENT, UPTIME GUARANTEE, OR SUPPORT COMMITMENT; (f) MAY HAVE LIMITED, INCONSISTENT, OR EVOLVING FUNCTIONALITY; AND (g) ARE NOT RECOMMENDED FOR USE IN ANY PRODUCTION, MISSION-CRITICAL, OR HIGH-RELIANCE CONTEXT.
6.3 Authorized Access for Troubleshooting and Improvement
You acknowledge and consent that, in connection with the operation, troubleshooting, debugging, support, and improvement of Beta Services, authorized personnel of Opus (including employees, contractors, and authorized third-party service providers) may access User Content, Outputs, account information, and usage data associated with your account. Such access will be conducted in accordance with our Privacy Policy and our internal information security and access control policies.
6.4 User Research
By participating in a closed beta, early access program, or similar Beta Service, you acknowledge that we may invite you (but you are not obligated) to participate in user research activities, including interviews, surveys, usability testing, and feedback sessions. Any participation in user research is voluntary. Where research activities involve audio or video recording, meaningful compensation, or the collection of information beyond the scope of typical product feedback, your participation may be subject to a separate research participation agreement or consent form, which will be provided to you in advance of the research session.
6.5 Confidentiality of Beta Services
You acknowledge that information regarding non-public Beta Services (including features, functionality, performance, and Outputs) is confidential and proprietary to Opus. You agree not to disclose, publish, or otherwise share information about non-public Beta Services without our prior written consent, except (a) where such information has been publicly disclosed by Opus, or (b) as otherwise required by law.
6.6 Feedback
Any suggestions, comments, ideas, improvements, bug reports, or other feedback you provide regarding the Services (collectively, "Feedback") shall be treated in accordance with Section 12.4.
7. Acceptable Use
7.1 General Rules
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and your User Content while using the Services.
7.2 Prohibited Conduct
You agree that you will not, and will not permit, encourage, or enable any third party to:
(a) use the Services in violation of any applicable law, regulation, court order, or governmental request; (b) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services; (c) reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, model weights, prompts, training data, or non-public APIs of the Services, except to the extent such restrictions are prohibited by applicable law; (d) use, develop, or distribute any automated systems (including bots, spiders, scrapers, crawlers, or similar tools) to access, monitor, or copy the Services or any data or content available through the Services, except as expressly permitted in our robots.txt file; (e) use the Services or any User Content, Outputs, or other data obtained from the Services to develop, train, fine-tune, evaluate, benchmark, or improve any artificial intelligence model, machine learning system, or competing product or service; (f) copy, reproduce, distribute, publicly display, publicly perform, transmit, sell, license, sublicense, modify, or create derivative works of any portion of the Services or Opus Materials, except as expressly authorized by these Terms; (g) misrepresent the origin or source of any Outputs, present any Outputs as professional, medical, psychological, psychiatric, therapeutic, clinical, financial, or legal advice, or imply that any Outputs were generated, reviewed, or endorsed by a licensed professional; (h) use the Services to generate, transmit, or store any content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, discriminatory, or that infringes or violates the rights of any third party; (i) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use false identification information; (j) attempt to gain unauthorized access to the Services, other Users' accounts, or any computer systems or networks connected to the Services, including through hacking, password mining, or any other means; (k) introduce or transmit any viruses, worms, malware, ransomware, or other malicious code through or in connection with the Services; (l) attempt to circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content; (m) use the Services to send unsolicited communications, spam, or any form of mass communication; (n) collect, harvest, or store any personally identifiable information of other Users, or facial images, voice prints, or other biometric identifiers from any source; (o) use the Services to develop, design, train, or otherwise enable the development of weapons, surveillance systems, or other applications intended to cause serious physical harm; (p) remove, obscure, or alter any proprietary notices, labels, or marks on or in the Services; (q) use the Services in a manner that violates the export control or sanctions laws of the United States or any other applicable jurisdiction; or (r) encourage, facilitate, or assist any third party in any of the foregoing.
7.3 Enforcement
We reserve the right (but assume no obligation) to investigate, monitor, and enforce compliance with these Terms. We may, at our sole discretion, take any action we deem appropriate in response to a violation or suspected violation, including without limitation issuing warnings, removing or restricting access to User Content, suspending or terminating accounts, restricting features, and reporting violations to law enforcement or other authorities.
8. User Content
8.1 Ownership of User Content
As between you and Opus, you retain all ownership rights in and to your User Content. You are solely responsible for your User Content, including its legality, reliability, accuracy, appropriateness, and the consequences of submitting it to the Services.
8.2 License to Opus
You hereby grant to Opus a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), perpetual, and irrevocable license to access, use, host, store, reproduce, modify, adapt, translate, create derivative works of, publish, publicly display, publicly perform, transmit, and distribute your User Content for the purpose of:
(a) operating, providing, maintaining, and supporting the Services; (b) personalizing your experience and generating Outputs for you; (c) developing, training, fine-tuning, evaluating, benchmarking, and improving the Services and our underlying systems, models, prompts, and methodologies, including artificial intelligence components, in accordance with Section 10 (Artificial Intelligence and Automated Processing); (d) generating de-identified, aggregated, or statistical data and using such data for any lawful business purpose, including in perpetuity following the termination of your account; (e) conducting internal research and analysis; (f) protecting the rights, property, or safety of Opus, our Users, or others; (g) enforcing these Terms; and (h) complying with applicable law or governmental request.
Confidentiality of User Content. Notwithstanding the broad rights granted in this Section 8.2, we recognize that your User Content may include personal reflections, journal entries, and other intimate material. We will not publicly disclose, publish, or display the substantive content of your User Content in a manner that personally identifies you (including through your name, account handle, profile photo, or other directly identifying information) without your separate prior consent, except (i) as necessary to provide the Services to you and your authorized recipients, (ii) as part of de-identified or aggregated data that cannot reasonably be used to identify you, (iii) as required by applicable law or legal process, or (iv) as expressly permitted under the Marketing License set forth in Section 8.3 (Marketing License). Information about how we handle your User Content is further described in our Privacy Policy.
8.3 Marketing License
(a) Aggregated and De-Identified Use. You grant Opus a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display aggregated, de-identified, or statistical excerpts and summaries derived from User Content in marketing, promotional, educational, and editorial materials, provided that such materials (i) do not identify you by name, image, account handle, or other directly identifying information; (ii) do not include verbatim quotations from your User Content of a length or distinctiveness that would reasonably permit your re-identification; and (iii) do not associate any personally identifying information with the substantive content of your User Content. By way of example and without limitation, this license permits Opus to publish content describing themes, patterns, and aggregate findings across Users (such as common reflections of Users with a particular cognitive function profile), but does not permit publication of any individual User's specific reflections in a manner identifying that User.
(b) Identifiable Testimonials and Featured Content. We will not publish, distribute, or display any testimonial, case study, quotation, or other content that personally identifies you or that draws from your specific User Content in an identifiable way without your separate, prior, express, and verifiable consent (which may be obtained, where applicable, through an in-product opt-in or a separate written agreement).
(c) Revocation. You may withdraw any consent granted under Section 8.3(b) at any time by contacting us at the address in Section 25 (Contact Information). Revocation will apply prospectively and will not require us to remove or recall materials already published or distributed in reliance on your consent, but we will use commercially reasonable efforts to discontinue further use of such materials.
8.4 Representations and Warranties Regarding User Content
You represent and warrant that, with respect to all User Content you submit to the Services:
(a) you own or have obtained all necessary rights, licenses, consents, permissions, and authority to grant the licenses set forth in these Terms; (b) the User Content does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property rights, rights of publicity or privacy, or any other proprietary or contractual rights; (c) the User Content complies with these Terms and all applicable laws; and (d) the User Content does not contain any sensitive personal information of third parties (such as health, financial, or government identification information) without appropriate authorization.
8.5 No Obligation to Use or Retain
Opus has no obligation to use, retain, or display any User Content, and may remove or refuse to display any User Content at any time, with or without notice and without liability to you. We are not a backup service, and you are responsible for maintaining your own backups of any User Content you wish to preserve.
9. Outputs and License to Use Outputs
9.1 Nature of Outputs
Outputs are generated by automated systems, including artificial intelligence models, based on your User Content, your interactions with the Services, our systems and prompts, and other inputs. Due to the nature of these systems, identical or similar Outputs may be generated for different Users, and Outputs may not be unique, original, or accurate.
9.2 License to You
Subject to your compliance with these Terms, Opus grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access, view, save, and use Outputs solely for your own personal, non-commercial purposes within the Services.
9.3 Restrictions on Outputs
Except as expressly permitted in Section 9.5 (Permitted Personal Sharing), you may not:
(a) sell, license, sublicense, distribute (other than as expressly permitted in Section 9.5), publicly display, or commercially exploit Outputs; (b) represent Outputs as professional, clinical, medical, psychological, therapeutic, financial, or legal advice; (c) use Outputs to develop, train, evaluate, or benchmark any artificial intelligence model, machine learning system, or competing product or service; (d) misrepresent Outputs as your own original work in any context where authorship matters (such as in academic, professional, or contractual settings); (e) use Outputs in any manner that would violate Section 7 (Acceptable Use); or (f) remove or alter any disclaimers, notices, or branding accompanying Outputs.
9.4 No Warranty as to Outputs
Outputs are provided for informational and self-reflection purposes only. We make no representation or warranty regarding the accuracy, reliability, completeness, suitability, originality, or non-infringement of any Outputs. See Section 11 (Coaching Disclaimer; Not Professional Services) and Section 17 (Disclaimer of Warranties).
9.5 Permitted Personal Sharing
Notwithstanding Section 9.3 (Restrictions on Outputs), you may, for personal and non-commercial purposes:
(a) share Outputs with your friends, family, or other individuals through ordinary personal communications (such as email, messaging, or one-on-one conversation); (b) post Outputs on social media or similar platforms, subject to those platforms' terms of service; (c) use any in-product sharing or export functionality made available through the Services in accordance with the manner of its intended use; and (d) make such other personal, non-commercial uses of Outputs as may be expressly permitted by features or settings of the Services or as we may from time to time announce.
When sharing Outputs, you remain responsible for ensuring that any disclaimers and attributions accompanying the Output are preserved, and you may not modify Outputs in a way that misrepresents their source or removes any required notices.
10. Artificial Intelligence and Automated Processing
10.1 Use of AI Systems
The Services use artificial intelligence and machine learning systems, including third-party large language models and embedding models, to process your User Content and interactions and to generate Outputs. By using the Services, you acknowledge and consent to the use of such systems and the associated automated processing of your User Content, including transmission of your User Content to third-party AI service providers under contractual confidentiality and data processing obligations as described in our Privacy Policy.
10.2 Probabilistic Nature of AI Outputs
You acknowledge and agree that:
(a) AI-generated Outputs are produced through probabilistic processes and may be inaccurate, incomplete, inconsistent, biased, outdated, misleading, or otherwise problematic; (b) AI systems may generate content that appears confident or authoritative but is factually incorrect ("hallucinations"); (c) similar or identical Outputs may be generated for different Users; (d) Outputs do not reflect the views, opinions, or endorsements of Opus or any individual; and (e) you are solely responsible for evaluating the accuracy, appropriateness, and usefulness of any Output and for any decisions or actions you take in reliance on Outputs.
10.3 Personalization and AI Training
The Services personalize Outputs based on your User Content and interactions over time, including through the use of AI-generated representations of your inputs (such as embeddings used in our memory and retrieval systems) to deliver experiences tailored to your cognitive profile and stated goals.
You acknowledge and agree that we may, in accordance with our Privacy Policy:
(a) use your User Content, Outputs, and usage data to personalize, refine, and improve the Services and our AI systems for you on an individual basis; (b) use de-identified, aggregated, or statistical data derived from User Content and Outputs to evaluate, refine, and improve our prompts, models, methodologies, and the Services generally; and (c) retain and use such de-identified, aggregated, or statistical data in perpetuity, including following the termination or deletion of your account.
We will not use information that personally identifies you to train or improve any third-party general-purpose AI model except as expressly described in our Privacy Policy or with your separate consent.
10.4 No Human Review of Every Output
We do not review every Output before it is presented to you. You are responsible for reviewing Outputs critically and for using your own judgment.
10.5 Automated Decision-Making
The Services do not make decisions that produce legal effects or similarly significantly affect you within the meaning of Article 22 of the EU General Data Protection Regulation. The Services provide informational and reflective content only.
11. Coaching Disclaimer; Not Professional Services
11.1 Nature of Opus
OPUS IS A COACHING APPLICATION DRAWING ON THE WRITINGS OF CARL JUNG, THE COGNITIVE FUNCTION MODEL DEVELOPED BY JOHN BEEBE, AND RELATED COGNITIVE FRAMEWORKS. OPUS IS NOT, AND IS NOT INTENDED TO BE OR TO BE USED AS:
(a) A MEDICAL DEVICE OR MEDICAL SERVICE OF ANY KIND; (b) A PSYCHOTHERAPY, COUNSELING, PSYCHIATRIC, OR MENTAL HEALTH TREATMENT SERVICE; (c) A DIAGNOSTIC TOOL OR PSYCHOLOGICAL ASSESSMENT INSTRUMENT; (d) A PROFESSIONAL ADVISORY SERVICE OF ANY KIND, INCLUDING WITHOUT LIMITATION MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, COUNSELING, FINANCIAL, LEGAL, OR CAREER ADVICE; (e) A SUBSTITUTE FOR PROFESSIONAL CARE OR JUDGMENT; OR (f) A SERVICE PROVIDED BY LICENSED MENTAL HEALTH PROFESSIONALS, MEDICAL PROFESSIONALS, OR OTHER LICENSED PROFESSIONALS.
11.2 No Professional Relationship
USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT, THERAPIST-CLIENT, COUNSELOR-CLIENT, ATTORNEY-CLIENT, FIDUCIARY, OR OTHER PROFESSIONAL RELATIONSHIP BETWEEN YOU AND OPUS OR ANY OF ITS PERSONNEL.
11.3 Seek Professional Help When Needed
If you are experiencing or believe you may be experiencing any mental health condition, medical condition, or psychological distress, you should seek the advice of a qualified, licensed professional. Opus is not a substitute for, and should not be used in place of, professional diagnosis, treatment, or advice.
11.4 Crisis Resources
Caution
IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, INCLUDING THOUGHTS OF SELF-HARM, SUICIDE, OR HARM TO OTHERS, PLEASE CONTACT EMERGENCY SERVICES OR A CRISIS HOTLINE IMMEDIATELY.
In the United States, you can reach the 988 Suicide and Crisis Lifeline by calling or texting 988, or contact emergency services by dialing 911. If you are outside the United States, please contact your local emergency services or crisis support resources.
OPUS DOES NOT MONITOR USER CONTENT FOR SIGNS OF DISTRESS OR CRISIS, AND OPUS'S AUTOMATED SYSTEMS MAY NOT DETECT OR RESPOND APPROPRIATELY TO INDICATIONS OF EMOTIONAL DISTRESS, SELF-HARM, OR OTHER URGENT SITUATIONS. YOU SHOULD NOT RELY ON OPUS IN AN EMERGENCY.
11.5 Acknowledgment
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) YOU WILL NOT RELY ON OUTPUTS OR THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR JUDGMENT; (b) YOU ARE SOLELY RESPONSIBLE FOR INTERPRETING OUTPUTS AND FOR ANY DECISIONS OR ACTIONS YOU TAKE; AND (c) YOU USE THE SERVICES AT YOUR OWN RISK.
12. Intellectual Property Rights
12.1 Opus Materials
The Services and all Opus Materials are owned by Opus or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Except for the limited rights expressly granted to you under these Terms, Opus reserves all right, title, and interest in and to the Services and all Opus Materials.
12.2 Limited License to You
Subject to your compliance with these Terms, Opus grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Services (including the Opus mobile application on devices you own or control) solely for your own personal, non-commercial purposes. This license does not include any right to:
(a) modify, adapt, or create derivative works of the Services; (b) distribute, sell, sublicense, lease, lend, or rent the Services; (c) use the Services for the benefit of any third party; or (d) use the Services in any manner not expressly authorized by these Terms.
12.3 Trademarks
"Opus," the Opus logo, and any other Opus product or service names, logos, slogans, and trade dress are trademarks or service marks of Opus and may not be used without our prior written permission. All other trademarks, service marks, and trade names referenced in the Services are the property of their respective owners.
12.4 Feedback
You may from time to time provide Feedback. You hereby grant to Opus a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, display, perform, and otherwise exploit Feedback for any purpose, including without limitation to incorporate Feedback into the Services. You waive any rights you may have in any Feedback (including any moral rights, to the extent permitted under applicable law) and acknowledge that Opus is not obligated to use any Feedback or to compensate you for any Feedback.
12.5 Copyright Infringement
If you believe that any content available on or through the Services infringes your copyright, please refer to our DMCA / Copyright Policy for instructions on submitting a notice of claimed infringement to our designated DMCA agent.
13. Privacy
Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Services are described in our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you acknowledge and agree to the practices described in our Privacy Policy.
14. Third-Party Services and Content
14.1 Third-Party Services
The Services may contain links to, integrate with, or otherwise interact with third-party websites, applications, content, products, or services (collectively, "Third-Party Services"), including without limitation authentication providers, payment processors, analytics providers, AI service providers, and content sources. We do not own, control, or endorse any Third-Party Services and are not responsible for their availability, content, accuracy, security, or practices.
14.2 No Endorsement
The inclusion of, integration with, or reference to any Third-Party Service does not constitute an endorsement, sponsorship, or recommendation by Opus.
14.3 Third-Party Terms
Your use of any Third-Party Service is subject to that provider's terms of service and privacy policy. You are solely responsible for reviewing and complying with such terms. We disclaim all liability arising from or related to your use of any Third-Party Service.
15. Mobile Application Provisions
15.1 Application License
If you download, install, or use the Opus mobile application (the "App"), the license granted in Section 12.2 also applies to the App. The App is licensed to you, not sold, on a non-exclusive, non-transferable basis. The terms of the license under which you obtained the App from a third-party application platform (each, an "App Store") apply in addition to these Terms.
15.2 Apple App Store Provisions
If you obtained the App through the Apple App Store, the following additional terms apply (the "Apple Terms"). In the event of any conflict between the Apple Terms and the other provisions of these Terms, the Apple Terms shall control with respect to your use of the App obtained through the Apple App Store:
(a) Acknowledgment: These Terms are between you and Opus only, and not with Apple Inc. ("Apple"). Opus, not Apple, is solely responsible for the App and its content.
(b) Scope of License: The license granted to you in these Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(c) Maintenance and Support: Opus, not Apple, is solely responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty: Opus is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
(e) Product Claims: Opus, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of any health- or wellness-related frameworks (HealthKit and HomeKit, where applicable).
(f) Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Opus, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(g) Legal Compliance: 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.
(h) Developer Contact: Any questions, complaints, or claims with respect to the App should be directed to: support@opuswithin.com.
(i) Third-Party Beneficiary: You and Opus acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
15.3 Google Play Provisions
If you obtained the App through Google Play, you acknowledge that these Terms are between you and Opus only, and not with Google LLC ("Google"). Google is not responsible for the App or its content. Your use of the App must comply with the Google Play Terms of Service and the Google Play Developer Distribution Agreement, as applicable.
15.4 Other App Stores
If you obtained the App through any other App Store, your use of the App must comply with the applicable App Store terms.
15.5 Updates
The App may automatically download and install updates from time to time. You agree to receive such updates as part of your use of the App.
16. Suspension, Account Closure, and Deletion
16.1 Account Closure (Deactivation) by You
You may close your account at any time through your account settings. When you close your account, you immediately lose access to the Services, and your account is placed in a deactivated state.
During the Deactivation Period (as defined in Section 9 (Data Retention and Account Lifecycle) of our Privacy Policy), your account information, User Content, and personalization data are retained in a recoverable state to permit you to reactivate your account by logging in or by contacting us. If you do not reactivate your account during the Deactivation Period, your account and associated personal information will be transitioned to permanent deletion in accordance with the procedures described in our Privacy Policy.
Account closure under this Section 16.1 is intended to be reversible during the Deactivation Period, and is distinct from a request for permanent deletion of your personal information under Section 16.2 (Permanent Deletion by You).
16.2 Permanent Deletion by You
You may, at any time, request the permanent deletion of your personal information by submitting a request to privacy@opuswithin.com or by using any in-product permanent deletion option that we may make available. A request for permanent deletion under this Section 16.2 is an exercise of your rights under applicable privacy law (see Section 13 (Your Privacy Rights) of our Privacy Policy) and bypasses the Deactivation Period described in Section 16.1 (Account Closure (Deactivation) by You). We will process verified requests for permanent deletion in accordance with the timelines and procedures described in our Privacy Policy.
A request for permanent deletion is irreversible. We are unable to recover personal information that has been permanently deleted.
16.3 Suspension or Termination by Opus
We may, at our sole discretion and without liability to you, suspend or terminate your account and your access to all or any portion of the Services at any time, with or without notice, for any reason or no reason, including without limitation:
(a) any actual or suspected violation of these Terms; (b) any actual or suspected violation of applicable law; (c) any conduct that we determine, in our sole discretion, is harmful or potentially harmful to Opus, other Users, or any third party; (d) any failure to pay applicable fees, where applicable; (e) extended periods of inactivity; (f) requests by law enforcement or other governmental agencies; or (g) discontinuation or material modification of the Services.
Where we suspend or terminate your account under this Section 16.3, the disposition of your personal information will be determined by us in accordance with our Privacy Policy and applicable law. We may, in our sole discretion, treat such suspension or termination as an account closure (subject to the Deactivation Period in Section 16.1) or as an immediate termination warranting prompt deletion, depending on the circumstances and the reason for the action.
16.4 Effect of Account Closure, Deletion, or Termination
Upon account closure, permanent deletion, or our termination of your account or these Terms:
(a) your right to access and use the Services will immediately cease; (b) the disposition of your User Content, account information, and personalization data will be governed by our Privacy Policy (including the lifecycle described in Section 9 (Data Retention and Account Lifecycle) thereof) and applicable law; (c) any provisions of these Terms that by their nature should survive termination will survive, including without limitation Section 7 (Acceptable Use) (with respect to ongoing obligations), Section 8.2 (License to Opus), Section 9.3 (Restrictions on Outputs), Section 10 (Artificial Intelligence and Automated Processing), Section 11 (Coaching Disclaimer; Not Professional Services), Section 12 (Intellectual Property Rights), Section 17 (Disclaimer of Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification), Section 20 (Dispute Resolution; Binding Arbitration; Class Action Waiver), Section 21 (Governing Law and Venue), and Section 24 (General Provisions); and (d) you will remain liable for all amounts due (if any) up to the date of account closure, deletion, or termination.
17. Disclaimer of Warranties
Warning
THE SERVICES, INCLUDING ALL CONTENT, OUTPUTS, AND OPUS MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPUS, ITS AFFILIATES, AND ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "OPUS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
(A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY;
(B) WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(C) WARRANTIES THAT THE SERVICES OR OUTPUTS WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR DEVICES OR EQUIPMENT, BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE, RELIABLE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
(D) WARRANTIES REGARDING THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY OUTPUTS, AI-GENERATED CONTENT, OR THIRD-PARTY CONTENT; AND
(E) WARRANTIES THAT THE SERVICES OR ANY SERVERS OR NETWORKS USED IN CONNECTION WITH THE SERVICES ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPUS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
Warning
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OPUS PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY OUTPUTS, OR YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE), AND EVEN IF AN OPUS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE OPUS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY OUTPUTS EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO OPUS FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 18 APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 18 ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPUS, AND THAT OPUS WOULD NOT BE WILLING TO PROVIDE THE SERVICES TO YOU WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify, and hold harmless the Opus Parties from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:
(a) your User Content; (b) your access to or use of the Services; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or regulation; (e) your violation of any third-party right, including any intellectual property right, right of privacy, right of publicity, or contractual right; (f) any dispute or issue between you and any third party; (g) any misrepresentation made by you; or (h) any reliance by you on any Output.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any claim that affects Opus without our prior written consent.
20. Dispute Resolution; Binding Arbitration; Class Action Waiver
Important
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OPUS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
20.1 Application
This Section 20 applies to any dispute, claim, or controversy between you and Opus arising out of or relating to these Terms, the Services, the Privacy Policy, or your relationship with Opus (each, a "Dispute"), except as set forth in Section 20.5.
20.2 Informal Dispute Resolution
Before initiating any arbitration or other formal proceeding, you and Opus agree to attempt in good faith to resolve any Dispute informally for at least sixty (60) days. To initiate informal resolution, you must send a written notice to Opus at legal@opuswithin.com (with a copy to the address set forth in Section 22.2 (Notices to Opus)) describing the nature and basis of the Dispute and the relief sought (a "Notice of Dispute"). If the Dispute is not resolved within sixty (60) days after the Notice of Dispute is received, you or Opus may proceed in accordance with this Section 20. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal resolution process.
20.3 Binding Individual Arbitration
If the Dispute is not resolved through informal resolution, you and Opus agree to resolve the Dispute through final and binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (or, for claims exceeding US$250,000, the JAMS Comprehensive Arbitration Rules and Procedures) then in effect (the "JAMS Rules"), except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com.
(a) Arbitrator: The arbitration will be conducted by a single neutral arbitrator selected in accordance with the JAMS Rules.
(b) Location: The arbitration will be conducted in Utah, or, at your election, by telephone, video conference, or based solely on written submissions.
(c) Arbitrator's Authority: The arbitrator has the exclusive authority to resolve any Dispute, including any claim that all or part of these Terms is unenforceable, except that issues relating to the scope, enforceability, and interpretation of Section 20.4 (Class Action Waiver) and the validity of the Class Action Waiver shall be determined exclusively by a court and not by an arbitrator.
(d) Fees: Each party will be responsible for its own attorneys' fees and costs, unless otherwise required by the JAMS Rules or applicable law. Opus will pay all filing, administrative, and arbitrator fees that exceed the cost of filing a lawsuit in court for any individual claim of less than US$10,000, unless the arbitrator determines that the claim is frivolous.
(e) Confidentiality: The existence and content of arbitration proceedings, including any documents exchanged or testimony given, will be kept confidential by the parties and the arbitrator, except as necessary to comply with legal or regulatory requirements or to enforce an arbitration award.
(f) Award: The arbitrator's decision will be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.
20.4 Class Action Waiver
Warning
YOU AND OPUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 20 (DISPUTE RESOLUTION) WILL BE NULL AND VOID, BUT THE REMAINDER OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT.
20.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may:
(a) bring an individual action in small claims court (provided the claim qualifies and remains in such court); (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or unauthorized access to or use of the Services; and (c) bring claims that may not be subject to arbitration under applicable law.
20.6 Mass Arbitration Procedures
If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against Opus by or with the assistance of the same law firm or organization within a reasonable time period, the parties agree that JAMS shall (a) administer such arbitration demands in batches of no more than fifty (50) at a time, (b) appoint a single arbitrator for each batch, and (c) resolve each batch as a single arbitration with one set of filing and administrative fees due per batch and one procedural calendar per batch.
20.7 Right to Opt Out of Arbitration
You may opt out of the arbitration provisions of this Section 20 (other than the Class Action Waiver, which is non-negotiable) by sending written notice of your decision to opt out to legal@opuswithin.com within thirty (30) days of first accepting these Terms. Your notice must include your name, your account information, and a clear statement that you wish to opt out of arbitration. If you opt out, Disputes will be resolved in the courts described in Section 21 (Governing Law and Venue).
20.8 Survival
This Section 20 will survive the termination of these Terms and your relationship with Opus.
21. Governing Law and Venue
21.1 Governing Law
These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
21.2 Venue
Subject to Section 20 (Dispute Resolution), any judicial action permitted under these Terms must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and you and Opus consent to the exclusive personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
22. Notices
22.1 Notices to You
We may provide notices to you by email to the address associated with your account, by posting on the Services, by push notification, or by any other reasonable means. Notices sent by email will be deemed given when sent. You are responsible for keeping your contact information current.
22.2 Notices to Opus
Except as otherwise expressly provided in these Terms, all notices to Opus must be in writing and sent to:
My Opus, Inc. Attention: Legal Department Email: legal@opuswithin.com
Notices to Opus will be deemed given upon receipt.
23. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you by email, by posting a notice within the Services, or by other reasonable means at least thirty (30) days before the changes take effect (or, where required by applicable law, with such longer notice as may be required). Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.
For non-material changes (such as clarifications, corrections of typographical errors, and changes that do not adversely affect your rights), we may make such changes effective immediately upon posting.
The "Last Updated" date at the top of these Terms indicates when the Terms were last revised.
24. General Provisions
24.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and Opus regarding the Services and supersede all prior agreements, understandings, and communications, whether oral or written.
24.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
24.3 No Waiver
The failure of Opus to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Opus.
24.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section will be null and void. Opus may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
24.5 No Third-Party Beneficiaries
Except as expressly provided in Section 15.2 (Apple App Store Provisions) (with respect to Apple) and Section 15.3 (Google Play Provisions) (with respect to Google), these Terms do not and are not intended to confer any rights or remedies on any third party.
24.6 Force Majeure
Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, third-party service provider failures, or cyberattacks.
24.7 Independent Contractors
The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Opus.
24.8 Headings; Construction
Section headings in these Terms are for convenience only and have no legal or contractual effect. The words "include," "includes," and "including" mean "include without limitation," "includes without limitation," and "including without limitation," respectively.
24.9 Electronic Communications and Signatures
You consent to receive communications from us in electronic form (including by email and through the Services) and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further consent that your electronic acceptance of these Terms (including by clicking an "I agree" button or similar mechanism) will have the same legal effect as a handwritten signature.
24.10 Export Compliance
The Services may be subject to U.S. export control and economic sanctions laws and regulations, including the Export Administration Regulations and the regulations administered by the U.S. Department of the Treasury Office of Foreign Assets Control. You represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a comprehensive U.S. embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; or (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List, the Denied Persons List, the Entity List, or any similar list. You agree to comply with all applicable export control and sanctions laws and regulations in your use of the Services.
24.11 U.S. Government End Users
The Services are "commercial computer software" and "commercial computer software documentation" as those terms are used in Federal Acquisition Regulation 12.212. Any use, modification, reproduction, release, performance, display, or disclosure of the Services by or on behalf of the U.S. Government will be governed solely by these Terms.
24.12 California Residents Notice
In accordance with California Civil Code § 1789.3, California Users may obtain information regarding the provider of the Services by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
25. Contact Information
If you have questions about these Terms, please contact us at:
My Opus, Inc. Attention: Legal Department Email: legal@opuswithin.com
These Terms of Use are © My Opus, Inc. All rights reserved.