Terms of Service

1. Acceptance of Terms

This Terms of Service agreement ("Agreement") is a binding legal agreement between you ("User", "you", or "your") and EnableYou, LLC, a Florida limited liability company ("Company", "we", "us", or "our"), governing your access to and use of the Casey mobile application, including all related services, features, content, and functionality (collectively, the "Application").

By downloading, installing, accessing, or using the Application, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity to enter into this Agreement;
• Your use of the Application will comply with all applicable laws and regulations;
• All information you provide to us is accurate, current, and complete;
• You will maintain the security of your account credentials and accept responsibility for all activities occurring under your account.

2. Description of Application

2.1 Purpose and Functionality

The Application is an Artificial Intelligence ("AI")-enabled virtual assistant designed to provide support services to individuals in need by connecting them to essential services and resources through personalized communication and strategic partnerships. The Application uses AI technology to assess user needs, provide information about available resources, and facilitate connections to appropriate services.

2.2 No Medical or Professional Advice

THE APPLICATION DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. We are not licensed physicians, mental health professionals, attorneys, financial advisors, or other professional service providers. The Application is intended for informational and resource connection purposes only. You should not rely on the Application as a substitute for professional advice, diagnosis, or treatment. Always seek the advice of qualified professionals regarding any medical, mental health, legal, financial, or other professional matters.

3. Artificial Intelligence Technology

3.1 Nature of AI Technology

The Application utilizes artificial intelligence and machine learning technologies to analyze user inputs, generate responses, and make recommendations. You acknowledge and understand that:

• AI technology is continuously evolving and may produce unexpected or imperfect results;
• The AI system's responses are generated based on patterns in data and may not always be accurate, complete, or appropriate for your specific situation;
• AI-generated content may contain errors, biases, or limitations inherent in the technology;
• The Application's AI capabilities are provided "as is" without guarantee of accuracy or suitability for any particular purpose.

3.2 Risks Associated with AI Technology

You acknowledge the following risks inherent in AI-enabled technology:

• The AI may have insufficient information to accurately address novel or complex situations;
• Outputs may lack transparency or explainability;
• The system may not effectively generalize from training data to your specific circumstances;
• Recommendations or information provided may not be suitable for your individual needs;
• Technical errors or malfunctions may affect the quality or availability of services.

4. License Grant and Restrictions

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on mobile devices owned or controlled by you, solely for your personal, non-commercial use in accordance with these Terms.

4.2 License Restrictions

You shall not:

• Copy, modify, or create derivative works of the Application;
• Distribute, transfer, sublicense, lease, lend, or rent the Application to any third party;
• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Application;
• Remove, alter, or obscure any proprietary notices on the Application;
• Use the Application for any unlawful purpose or in violation of any applicable laws;
• Use any automated means to access the Application or collect information;
• Interfere with or disrupt the operation of the Application or servers hosting the Application;
• Circumvent any security features or access controls of the Application;
• Use the Application in connection with any hazardous environments or safety-critical applications;
• Frame or mirror any part of the Application without our express written consent;
• Use the Application to develop or contribute to any competing product or service;
• Violate any third party's rights, including intellectual property or privacy rights.

5. User Accounts and Registration

5.1 Account Creation

To access certain features of the Application, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized access to or use of your account.

5.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, fraudulent or illegal activity, or conduct harmful to other users or our business interests.

5.4 Session Persistence and Shared Devices

For your convenience, the Application keeps you signed in across sessions and does not automatically sign you out due to inactivity. Your session will remain active on a device until you sign out. Accordingly, you are solely responsible for the security of your account and for signing out of the Application when you have finished using it, particularly on shared, public, or borrowed devices or any other device that others may be able to access. We are not responsible for any unauthorized access to or use of your account resulting from your failure to sign out.

6. User Content

6.1 User Submissions

The Application may allow you to submit, post, or transmit content, including text messages, personal information, and other materials ("User Content"). You retain ownership of your User Content, but grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving the Application.

6.2 User Content Restrictions

You agree not to submit User Content that:

• Is false, misleading, defamatory, obscene, pornographic, or offensive;
• Violates any third party's rights, including intellectual property or privacy rights;
• Contains viruses, malware, or other harmful components;
• Violates any applicable laws or regulations;
• Constitutes unauthorized advertising or spam;
• Impersonates any person or entity;
• Contains personal information of third parties without their consent.

6.3 Monitoring and Removal

We reserve the right, but not the obligation, to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

7. Privacy and Data Collection

Your use of the Application is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Application, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

8. Third-Party Content and Services

8.1 Third-Party Materials

The Application may display, include, or make available content, data, information, applications, features, or materials from third parties, or provide links to third-party websites or services ("Third-Party Content").

8.2 No Endorsement or Liability

We do not endorse, guarantee, or assume responsibility for Third-Party Content. Your interactions with third parties and use of Third-Party Content are solely between you and the third party. We are not liable for any harm or damages related to Third-Party Content.

8.3 Third-Party Terms

Your use of Third-Party Content may be subject to separate terms and conditions and privacy policies. You are responsible for reviewing and complying with such third-party terms.

9. Intellectual Property Rights

9.1 Company Ownership

The Application and all related content, features, and functionality, including but not limited to software, text, displays, images, video, audio, design, selection, and arrangement, are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Trademarks

Casey, the Casey logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without our prior written permission.

9.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Application ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

10. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Application:

• For any unlawful purpose or to solicit others to perform unlawful acts;
• To violate any international, federal, state, or local regulations, rules, laws, or ordinances;
• To infringe upon or violate our intellectual property rights or the rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
• To submit false or misleading information;
• To upload or transmit viruses or any other type of malicious code;
• To collect or track personal information of others without consent;
• To spam, phish, pharm, pretext, spider, crawl, or scrape;
• For any obscene or immoral purpose;
• To interfere with or circumvent security features of the Application;
• To damage, disable, overburden, or impair the Application;
• To use any device, software, or routine that interferes with the proper working of the Application.

11. Updates and Modifications

11.1 Application Updates

We may from time to time develop and provide Application updates, including upgrades, bug fixes, patches, and new features. We reserve the right to modify or discontinue the Application at any time without notice.

11.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on the Application or through other communications. Your continued use of the Application following such changes constitutes acceptance of the modified Terms.

12. Disclaimers

12.1 "AS IS" Basis

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 No Warranty

WE DO NOT WARRANT THAT:

• The Application will meet your requirements or expectations;
• The Application will be uninterrupted, timely, secure, or error-free;
• The results obtained from use of the Application will be accurate or reliable;
• Any errors in the Application will be corrected;
• The Application is free of viruses or other harmful components.

12.3 Assumption of Risk

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION.

13.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

13.3 Basis of Bargain

YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THESE TERMS IN RELIANCE ON THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use or misuse of the Application;
• Your violation of any third-party rights;
• Your User Content;
• Any harmful, fraudulent, or illegal activity engaged in by you.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Application shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Application shall be brought exclusively in the federal or state courts located in Leon County, Florida, and you consent to the personal jurisdiction and venue of such courts.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at connect@enableyou.org. We will attempt to resolve the dispute informally by contacting you via email.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Application shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

16.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.

16.4 Waiver of Jury Trial

YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION.

17. Export Compliance

The Application may be subject to United States export control laws. You shall not export or re-export the Application to any country, person, or entity subject to U.S. export restrictions.

18. Termination

18.1 Termination by You

You may terminate your use of the Application at any time by deleting the Application from your device and discontinuing all use.

18.2 Termination by Us

We may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

18.3 Effect of Termination

Upon termination, your license to use the Application will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Application, constitute the entire agreement between you and us regarding the Application.

19.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental action.

19.6 Notices

Any notices or communications under these Terms shall be given via email to connect@enableyou.org (if to us) or to the email address associated with your account (if to you).

19.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us.

19.8 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

20. Contact Information

If you have any questions about these Terms, please contact us at:

EnableYou, LLC
Email: connect@enableyou.org
Website: www.caseyapp.ai