TERMS OF USE

Last Updated: April 2023

Welcome to the Psily app (the “App”). This App is maintained as a service to our users. By using the App, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the App.

Agreement. This Terms of Use Agreement (the “Agreement”) specifies the terms and conditions for access to and use of the App. This Agreement may be modified at any time by Psily, Inc. (“Psily,” “we,” “us,” or “our”) upon positing of the modified Agreement. Any such modifications shall be effectively immediately. You may view the most recent version of this Agreement at any time at https://www.psily.io/terms. Each use of the App by you shall be deemed your unconditional acceptance of this Agreement.

Privacy. Your use of the App is also governed by our Privacy Policy, which may be reviewed at https://www.psily.io/privacy.

Ownership. You acknowledge and agree that the services provided by the App (“Services”) and the App itself contain proprietary and confidential information that is the property of Psily, Inc. and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any of the proprietary or confidential information contained in the App or used in connection with the Services is provided, transferred, or assigned to you. Except as expressly authorized by Psily, Inc., you agree not to modify, rent, lease, loan, sell, distribute, deconstruct, decompile, or create derivative works based on the Services or the App, in whole or in part.

Intended Audience. The App is intended for adults only. The App is not intended for minor children under the age of thirteen (13). If you are thirteen (13) years of age or younger, do not use the App. Psily does not knowingly collect data from minor children under the age of thirteen (13). Refer to our Privacy Policy at https://www.psily.io/privacy for more information about our data privacy practices.

Intellectual Property. You acknowledge Psily's exclusive rights in the Psily mark, associated marks, and the App. Trademarks, service marks, logos, and copyrighted works, if any, appearing on the App are the property of Psily, Inc. or the party that provided such intellectual property to Psily. Psily, Inc. and any party that provides intellectual property to Psily retain all rights with respect to their intellectual property appearing in the App, and no such rights in such materials are transferred or assigned to you.

App Use. The App is for your personal and non-commercial use, unless otherwise specified. You may not use the App, or any Service provided by it for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Psily, Inc. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or Services obtained from or otherwise connected to the App.

Compliance With Laws. You agree to comply with all applicable laws regarding your use of the App. You further agree that the App is designed for use with nutritional supplements and that any other use of the App is at your sole discretion. If you are outside the United States you must comply with all local laws with respect to your use of the App, as well as the export of data to the United States or to your country or residence.

Indemnification. You agree to indemnify, defend, and hold harmless Psily, Inc. and our partners, employees, and affiliates from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the App.

No Medical Advice. The content of the App, including without limitation text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of qualified health care professionals with any questions or concerns you may have regarding your individual information, needs, and any medical conditions. Reliance on any information appearing in the App is solely at your own risk. Never disregard medical advice or delay seeking it because of something you have encountered in the App. If you are experiencing a medical emergency, you should seek appropriate emergency medical assistance.

Disclaimer. THE INFORMATION IN THE APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. PSILY, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PSILY, INC. OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL USE OF THE APP.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Disclosure and Use of Information. Psily, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Psily, Inc. reserves the right, and you authorize us, to use information provided by you in any manner consistent with our Privacy Policy at https://www.psily.io/privacy. For avoidance of doubt, Psily, Inc. does not share or sell personally identifiable information.

Applicable Law. You agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree that any action arising out of this Agreement will be brought solely in any state or federal court located in the County of Onondaga, State of New York. You consent to the exclusive personal jurisdiction of such courts and waive any objection in any such action based on improper venue, inconvenient forum, or similar grounds.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be reformed to best effectuate that provisions intent and permit its enforcement, and the validity, illegality, and enforceability of the remaining provisions shall not in any way be affected or impaired by such invalidity, illegality, or unenforceability. If such provision is not capable of reformation, it shall be severed from this Agreement, and enforceability of the remaining provisions shall not in any way be affected or impaired by the exclusion of the severed provision.

Waiver. The failure of Psily, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Psily, Inc. must be in writing and signed by an authorized representative of Psily, Inc.

Modification and Termination. Psily, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any Service provided by the App (or any part thereof) with or without notice. You agree that Psily, Inc. will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or any Service. Psily, Inc. may terminate this Agreement at any time, with or without notice, for any reason or no reason at all.

Relationship of the Parties. Nothing contained in this Agreement, or your use of the App shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement. This Agreement constitutes the entire agreement between you and Psily, Inc. and governs the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Psily, Inc. with respect to the App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy at https://www.psily.io/privacy), guidelines, or rules that may apply when you use the App. Psily, Inc. may revise this Agreement at any time by updating this Agreement and posting it on the App or its website. Accordingly, you should visit the App or the Psily website and review this Agreement periodically to determine if any changes have been made. Your continued use of the App after any changes made to this Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

Contact Information.

Psily, Inc.
contact@psily.io

If you have any questions regarding this Agreement, please contact us at contact@psily.io