Terms of Service

Last updated April 22, 2026

We are 3rd Brain Inc., doing business as Seena Labs (together, “Seena”, “Seena Labs”, “3rd Brain”, "Company," "we," "us," or "our"), a corporation registered in the State of Delaware, United States, with our principal office at 169 Madison Ave STE 49114, New York, NY 10016

We operate the website https://seenalabs.io (the "Site"), the Seena Labs web application and dashboard (the "Dashboard"), and the embeddable Seena widget (the "Widget"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Seena Labs is an ambient micro-research platform that helps product teams capture contextual user insights. Through an embeddable widget, Seena collects behavioral signals from website visitors and conducts AI-powered interviews to generate product insights for our customers.

You can contact us by email at privacy@seenalabs.io, or by mail to 169 Madison Ave STE 49114, New York, NY 10016.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and 3rd Brain Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms, and confirm you have read and understand our Privacy Policy [https://seenalabs.io/privacy]. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email. Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Table of Contents

  1. Our Services
  2. Definitions
  3. Intellectual Property Rights
  4. User Representations
  5. User Registration
  6. Purchases, Credits, and Payment
  7. Free Trial
  8. Cancellation
  9. The Widget and Visitor Data
  10. AI-Powered Features
  11. Prohibited Activities
  12. User Generated Contributions
  13. Contribution License
  14. Third-Party Services and Content
  15. Services Management
  16. Privacy Policy
  17. Term and Termination
  18. Modifications and Interruptions
  19. Governing Law
  20. Dispute Resolution
  21. Corrections
  22. Disclaimer
  23. Limitations of Liability
  24. Indemnification
  25. User Data
  26. Electronic Communications, Transactions, and Signatures
  27. California Users and Residents
  28. Miscellaneous
  29. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Definitions

For the purposes of these Legal Terms:

  • "Customer" means a person or entity that registers for an account on the Dashboard to use the Services for product research purposes.
  • "Visitor" means an end user of a Customer's website who interacts with the Widget, including by having their behavioral data collected or by participating in an interview.
  • "Widget" means the embeddable JavaScript code snippet that Customers install on their websites to enable Seena's data collection and interview functionality.
  • "Dashboard" means the Seena Labs web application where Customers view insights, manage settings, and administer their account.
  • "Insights" means the AI-generated analysis, summaries, and recommendations produced by the Services based on collected Visitor data.
  • "Interview" means a structured conversation conducted by the Widget with a Visitor, either via text chat or voice, for the purpose of gathering qualitative feedback.
  • "Credits" means the unit of account used to measure and pay for usage of the Services, including AI processing, interviews, and other operations.

3. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or for your internal business purposes as permitted under your subscription.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Dashboard and use the Services in accordance with your subscription plan;
  • embed the Widget on websites you own or control; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your internal business purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: privacy@seenalabs.io.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

Ownership of your data

For clarity, nothing in these Legal Terms transfers ownership of Customer Data (as defined in Section 25) to us. You retain all rights in the data you provide to the Services and the data collected through the Widget on your behalf, subject to the licenses granted herein that are necessary for us to provide the Services.

Notwithstanding anything to the contrary, Seena shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services (including Customer Data and data derived therefrom), and Seena will be free to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes

4. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, except as explicitly enabled by the Services (such as the Widget or our APIs); (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. User Registration

You may be required to register to use the Services. You agree to keep your login credentials confidential and will be responsible for all use of your account. We support multiple sign-in methods, including magic link (passwordless) authentication and email/password authentication. You are responsible for securing access to the email address associated with your account and, if applicable, maintaining the confidentiality of your password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Purchases, Credits, and Payment

Credit-based billing

The Services operate on a credit-based billing system. Credits are consumed when you use features of the Services, including but not limited to AI-powered interviews, insight generation, briefings, site analysis, and librarian queries. The credit cost of each operation is determined by factors including AI model usage, processing complexity, and data volume.

Credits are a limited license to access specific features of the Services. Credits have no cash value, are non-transferable, and are non-refundable regardless of whether they were purchased or granted via a subscription.

Subscription plans

We offer subscription plans that include a monthly allocation of credits. Details of available plans, credit allotments, and pricing are available on the Site. We may change prices at any time, with notice to existing subscribers before their next billing cycle.

Payment

We accept payment via major credit and debit cards. All payment data is processed and stored by Stripe. You may find their privacy notice at https://stripe.com/privacy. All payments shall be in US dollars.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address and payment method, so that we can complete your transactions and contact you as needed.

If your subscription includes recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services.

Any billing disputes or requests for credit adjustments must be submitted in writing within thirty (30) days of the charge. Failure to do so waives your right to dispute such charges.

Credit expiration

Monthly credit allocations do not roll over between billing cycles unless otherwise stated in your plan. Prepaid credit purchases do not expire.

7. Free Trial

We may offer a free trial to new users who register with the Services. The terms of any free trial, including duration and credit allocation, will be specified at the time of registration. If you do not cancel before the end of the free trial period, your account may be charged according to your chosen subscription plan.

8. Cancellation

You can cancel your subscription at any time by contacting us at privacy@seenalabs.io or through your account settings in the Dashboard. Your cancellation will take effect at the end of the current paid term. Upon cancellation, you will retain access to the Services until the end of your current billing period, after which your access will be limited to a free tier (if available) or terminated.

9. The Widget and Visitor Data

Widget installation and your responsibilities

When you install the Widget on your website, you authorize us to collect behavioral data from Visitors to your website and to conduct interviews with those Visitors on your behalf. You represent and warrant that you have the legal right to install the Widget on the websites where you deploy it.

The Widget may begin collecting basic, non-identifying behavioral signals (such as page views and session metadata) upon loading. The Widget presents a consent mechanism to Visitors before initiating interviews or collecting more detailed interaction data. You are responsible for ensuring that your use of the Widget complies with all applicable laws and regulations in the jurisdictions where your Visitors are located, including but not limited to data protection laws, cookie consent requirements, and electronic communications regulations. If applicable law requires consent before any analytics collection, you are responsible for implementing such consent prior to Widget deployment.

You agree to include appropriate disclosures in your website's privacy policy that inform Visitors about the use of the Seena Widget, the types of data collected, and how that data is processed.

Data collected through the Widget

The Widget may collect the following types of data from Visitors:

  • Behavioral signals (page views, clicks, scroll depth, mouse movements, rage clicks, dead clicks, form hesitation, exit intent, and similar interaction patterns)
  • Page metadata (page titles, heading text, call-to-action text, form labels, navigation items, and other structural page content used to provide AI context)
  • Device and browser information (browser type, operating system, screen resolution, IP address)
  • Interview responses (text transcripts and/or voice transcripts, depending on the interview mode selected by the Visitor — voice recordings are not stored)
  • Session metadata (timestamps, page URLs, referral sources)

Domain verification

Customers are required to verify ownership of the domains where they deploy the Widget. Verification can be completed through DNS record, meta tag, or file-based methods. In some cases, initial Widget events may be accepted before verification is complete to streamline onboarding, but full Widget functionality requires a verified domain. This verification process helps ensure that the Widget is only deployed on websites the Customer is authorized to manage.

10. AI-Powered Features

Use of artificial intelligence

The Services use artificial intelligence and machine learning technologies to process Visitor data, generate insights, conduct interviews, and provide other features. AI-generated content, including insights, briefings, and interview summaries, is provided for informational purposes and should not be relied upon as the sole basis for business decisions.

Third-party AI providers

We use third-party AI service providers to process data and power features of the Services. By using the Services, you acknowledge and consent to the processing of data by these third-party providers in accordance with their respective terms and policies. We select AI providers that maintain appropriate data protection standards, and we maintain data processing agreements with these providers.

No guarantee of accuracy

AI-generated outputs, including Insights, interview summaries, and behavioral analysis, are probabilistic in nature and may contain errors, inaccuracies, or biases. We do not warrant the accuracy, completeness, or reliability of any AI-generated content. You are responsible for reviewing and validating AI-generated outputs before acting on them.

Voice data

When Visitors participate in voice interviews through the Widget, their voice data is streamed in real time to our AI provider for speech-to-text processing and conversational AI responses. We do not store voice recordings of Visitor responses. Once the audio has been transcribed, no raw audio from the Visitor is retained by Seena Labs. Only the text transcript is stored as part of the interview record.

11. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as login credentials.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
  • Use the Services to collect, harvest, or scrape Visitor personal data for purposes other than those contemplated by the Services.
  • Deploy the Widget on websites you do not own or have authorization to manage.
  • Use the Services to conduct interviews or collect data from Visitors for purposes unrelated to product research and improvement.
  • Use the Widget to collect sensitive personal information (such as health data, financial account numbers, social security numbers, or similar) from Visitors unless you have obtained explicit consent and have a lawful basis to do so.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not authorized by us.
  • Sell or otherwise transfer your account or access credentials.
  • Exceed rate limits or usage quotas applicable to your subscription plan.

12. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, or transmit content and materials to us or through the Services, including but not limited to interview configurations, research questions, study setups, and annotations (collectively, "Contributions"). Any Contributions you transmit may be treated as non-confidential and non-proprietary (except for Customer Data as defined in Section 25). When you create or make available any Contributions, you thereby represent and warrant that your Contributions do not violate any applicable law, regulation, or third-party rights.

13. Contribution License

By posting your Contributions to any part of the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, store, and display such Contributions solely for the purpose of providing and improving the Services. This license does not extend to Visitor data or Customer Data, which are governed by the data ownership provisions in Section 25 and our Privacy Policy.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

14. Third-Party Services and Content

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

If you decide to leave the Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.

15. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://seenalabs.io/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

17. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination, you must cease all use of the Services and remove the Widget from all websites. If you delete your account, your Customer Data (including sites, interviews, insights, and associated records) will be deleted from our active systems promptly. You should export any data you wish to keep before deleting your account.

Upon termination, Indemnification and Limitation of Liability clauses will remain in place for the relationship, indefinitely.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

20. Dispute Resolution

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Kings County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kings County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

AI-GENERATED CONTENT, INCLUDING INSIGHTS, BRIEFINGS, AND INTERVIEW ANALYSES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT ANY WARRANTY OF ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT AI-GENERATED OUTPUTS WILL BE FREE FROM ERRORS, BIASES, OR HALLUCINATIONS.

23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT 3RD BRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (A) THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) ONE HUNDRED DOLLARS ($100.00). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services; (7) your deployment of the Widget on websites you do not own or have authorization to manage; or (8) any claim by a Visitor arising from your use of the Services or the Widget on your website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. User Data

Customer Data

"Customer Data" means (a) all data you provide to the Services, including account information, interview configurations, study setups, and annotations; and (b) all data collected through the Widget on your behalf, including Visitor behavioral data, interview responses, and transcripts. You retain ownership of your Customer Data.

We will maintain Customer Data for the purpose of providing the Services. Although we perform regular routine backups of data, you are solely responsible for ensuring you have copies of any data that is critical to your business. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Data retention

We retain Customer Data for the duration of your account. If you delete your account, Customer Data is deleted from our active systems promptly. You should export any data you wish to keep before deleting your account, as deletion is immediate and cannot be reversed. We may retain anonymized or aggregated data that does not identify individual Visitors for the purpose of improving the Services.

Soft deletion

When you delete data within the Services (such as archiving a Seena Dot or dismissing an insight), the data is soft-deleted (marked as deleted but not immediately removed from our systems). Soft-deleted data is excluded from the Services but may be retained in our systems for a reasonable period for backup and recovery purposes.

26. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact 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 or (916) 445-1254.

28. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

29. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

3rd Brain Inc. (d/b/a Seena Labs) 169 Madison Ave STE 49114 New York, NY 10016

Email: privacy@seenalabs.io