Terms of Service

AGREEMENT TO OUR LEGAL TERMS

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Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the www.athyna.com website (the “Site” or “Athyna Site”) operated by Athyna, Inc. ("Athyna", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as a user of the Services. We are a leading platform that connects talented professionals with inspiring job opportunities worldwide. Our mission is to unlock the potential of the remote workforce, providing innovative companies access to exceptional talent and offering workers the flexibility to collaborate from anywhere.These Terms establish a legally binding agreement entered into between you, whether in a personal capacity or on behalf of an entity ("you"), and Athyna, Inc, regarding your usage of and access to the Services. By accessing the Services, you acknowledge that you have perused, comprehended, and consented to abide by all provisions outlined in these Terms. If you do not concur with every aspect of these Terms, you are explicitly prohibited from utilizing the Site.These Terms will also apply to additional conditions or documents released to regulate specific Services we provide if those Services are provided to the Site or in connection to the Site. We retain the right, at our sole discretion, to make alterations or amendments to these Terms as necessary. Notification of any such changes will be provided by updating the "Last updated" date of these Terms, and you resign any entitlement to receive specific notice for each modification. It is your responsibility to regularly review these Terms to stay informed about any updates. Your continued use of the Site after the posting date of any revised Terms implies your acceptance and awareness of the changes.The Services are designed for users who are at least 18 years old. Individuals under the age of 18 are not allowed to register or use the Site.

1. WARRANTY.

The information provided while 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.

Consequently, those individuals opting to access our Site from different locations do so of their own accord. They bear the exclusive responsibility for adhering to local laws, to the extent that such laws are relevant.

2. INTELLECTUAL PROPERTY OWNERSHIP

All intellectual property rights within our Site, encompassing posts, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are either owned by us or licensed to us.

• Protection under Copyright and Trademark Laws
• Copyright and trademark laws, along with various other intellectual property rights and unfair competition laws and treaties in the United States and worldwide, safeguard our Content and Marks.
• Usage of Content and Marks
• The Content and Marks are provided within the Services "AS IS" exclusively for your personal, non-commercial use or internal business purposes.
• Your Rights to Use Our Services
• Subject to your adherence to these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, you are granted a non-exclusive, non-transferable, and revocable license to access the Site and the contents on it.
• Restrictions on Use of Our Site
• Except as expressly stated in these Terms or elsewhere in our Private Policy, no part of the Services, Content, or Marks may be copied, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our explicit prior written permission.
• For any usage beyond what is outlined in this section, please make your request at: support@athyna.com. If permission is granted for posting, reproducing, or publicly displaying any part of our Content, you must acknowledge us as the owners or licensors and ensure that any copyright or proprietary notice is visible.
• Reservation of Rights
• All rights not explicitly granted to you concerning the Content, and Marks are reserved.

• Intellectual Property Rights Violation
• Any infringement of these Intellectual Property Rights constitutes a material breach of our Terms, resulting in the immediate termination of your right to use our Site and services.
• Submissions and Contributions
• Review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Site to understand the rights and obligations concerning the content you post or upload to our platform through our Site. By using our Site you confirm compliance with our "PROHIBITED ACTIVITIES" and agree to indemnify us for any losses due to your breach.
• While not obligated to monitor Contributions, we reserve the right to remove or edit them without notice if deemed harmful or in breach of these Legal Terms. Removal may result in account suspension or disablement, with potential reporting to authorities.

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3. USER REGISTRATION

Registration may be necessary to use some of the Services we provide. You commit to maintain password confidentiality and assume responsibility for all account and password usage. We retain the right to alter or reclaim a username, at our discretion, if deemed inappropriate or objectionable.

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4. PROHIBITED ACTIVITIES

Users are restricted from accessing or using the Site or the Services we provide through the Site for any purpose other than its intended use. Commercial endeavors must be explicitly endorsed or approved by us.

As a user, you may not:

• Systematically gather data without written permission.
• Attempt to trick or defraud, particularly to obtain sensitive account information.
• Interfere with security features or circumvent them.
• Harm our reputation or that of the Site, Mark, or Services.
• Use obtained information to harass or harm others.
• Misuse support services or submit false reports.
• Violate applicable laws or regulations.
• Engage in unauthorized framing or linking.
• Upload viruses, spam, or disruptive material.
• Employ automated tools, scripts, or data mining.
• Remove copyright notices.
• Impersonate others or use their username.
• Transmit materials acting as information collection mechanisms.
• Disrupt Services or connected networks.
• Harass our employees or agents.
• Attempt to bypass access measures.
• Copy or adapt the Services' software.
• Decipher, decompile, disassemble, or reverse engineer software.
• Use automated systems for unauthorized purposes.
• Utilize buying agents for purchases.
• Make unauthorized use, including collecting user information.
• Use the Services for competitive purposes.
• Advertise or sell goods and services through the Services.
  
  

5. USER GENERATED CONTRIBUTIONS

Through our Site, you might be able to create, submit, post, or display content or engage in chats, blogs, message boards, and forums ("Contributions"), including text, video, audio, photographs, graphics, and personal information. Contributions may be visible to other users and on third-party websites, thus treating any transmitted Contributions as non-confidential and non-proprietary. By creating or providing Contributions, you affirm and guarantee that your Contributions do not infringe on third-party proprietary rights, are truthful, accurate, and not misleading, and comply with applicable laws, regulations, and rules. Additionally, your Contributions should respect privacy and publicity rights, adhere to laws protecting minors, and refrain from any type of discrimination or offensive comments related to race, national origin, gender, sexual preference, or physical handicap. Any violation of these conditions while using the Site or our Services is a breach of these Terms and may result in the termination or suspension of your rights to use the Site.

6. CONTRIBUTION LICENSE

By posting Contributions you automatically grant us an unrestricted, irrevocable license to host, use, reproduce, sell, publish, and distribute them for any purpose, including commercial and advertising. This license applies to any present or future media and includes the use of your name, company name, and trademarks. You retain ownership of your Contributions and waive moral rights. We do not claim ownership but reserve the right to edit or delete Contributions at our discretion. We are not liable for your statements, and you agree to release us from any responsibility. We may pre-screen or delete Contributions without notice.

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7. THIRD-PARTY WEBSITES AND CONTENT

Our Content may include links to Third-Party Websites and Third-Party Content. We do not monitor or check these for accuracy, appropriateness, or completeness, and we are not responsible for their content, opinions, or privacy practices. The addition of these links does not imply our approval or endorsement. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Terms no longer apply.

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8. SERVICES MANAGEMENT

We reserve the right to (1) monitor the use of the Site for Terms violations; (2) take legal action against violators, including reporting to authorities; (3) restrict or disable access to your Contributions; (4) remove excessive or burdensome files; and (5) manage the Site to protect our rights and ensure proper functioning.

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9. PRIVACY POLICY 

We prioritize data privacy and security. Please review our Privacy Policy to access specific provisions. Your use of the Site implies agreement with our Privacy Policy, which is part of these Terms.

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10. COPYRIGHT INFRINGEMENTS

We value the intellectual property rights of others. If you believe any material on the Services infringes your copyright, please promptly notify us using the contact information in Section 23. A copy of your Notification will be sent to the person responsible for the material. Keep in mind that making false statements in a Notification may result in liability for damages under the law.

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11. COMPLEMENTARY SERVICE TERMS

Any transactions involving the provision of Services, whether through the Website or as a consequence of your visits, are governed by the particular terms of the relevant service or platform.

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12. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND CREATED ACCOUNTS (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 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.

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13. INTERRUPTION OF SERVICE

From time to time, the Site may be unavailable for maintenance and/or modifications to the Platform. We will endeavor to keep maintenance time as brief as possible. However, we cannot guarantee that the Site will be available to you, and we will not be liable to you for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of your use of the Site. 

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14. GOVERNING LAW

These Terms will be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

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15. ARBITRATION

You agree to first attempt to resolve disputes with us in good faith and in a timely manner. Where no resolution can be found, you agree that any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Site will be settled by final and binding arbitration in Delaware, United States, using the English language before a single arbitrator applying the JAMS Arbitration Rules and Procedures.

You understand that by agreeing to these Terms, you and Athyna are each waiving the right to trial by jury. Payment for any and all reasonable JAMS filing, administrative, and arbitrator fees will be in accordance with the JAMS Rules.

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16. CORRECTIONS

There may be information on the Site 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 at any time, without prior notice.

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17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR LINKED WEBSITES/MOBILE APPLICATIONS. WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE, (3) UNAUTHORIZED ACCESS TO OUR SECURE SERVERS AND/OR PERSONAL/FINANCIAL INFORMATION, (4) INTERRUPTION OF TRANSMISSION TO/FROM THE SITE OR SERVICES, (5) BUGS, VIRUSES, OR THE LIKE TRANSMITTED BY THIRD PARTIES, AND/OR (6) LOSSES, ERRORS OR OMISSIONS IN CONTENT, RESULTING IN LOSS OR DAMAGE. WE DON'T WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY PRODUCTS/SERVICES ADVERTISED ON THE SERVICES. WE ARE NOT LIABLE FOR TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. USE CAUTION AND JUDGMENT WHEN MAKING PURCHASES.

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18. LIMITATIONS OF LIABILITY

In no event will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, revenue, or data, arising from your use of the Site, even if advised of such damages. our liability to you for any cause whatsoever will be limited to the amount paid, if any, by you to us. certain laws may not allow limitations on implied warranties or the exclusion of certain damages. if applicable, some disclaimers or limitations may not apply, and you may have additional rights.

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19. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our affiliates harmless from any loss, damage, liability, claim, or demand, including legal fees, arising from: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties; (5) violation of a third party's rights; or (6) any harmful act toward another user via the Site. We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate. We'll make reasonable efforts to notify you of such claims.

20. USER DATA

We will retain the data you transmit for managing service performance and usage-related data. While we perform routine backups, you are solely responsible for your transmitted data and related activities. We have no liability for the loss or corruption of such data, and you waive any right of action against us for any such incidents.

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21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending emails, and completing online forms are considered electronic communications. By using the Services, you consent to receive electronic communications, agreeing that such communications meet legal writing requirements. You also agree to the use of electronic signatures, contracts, orders, and records, along with electronic delivery of notices, policies, and transaction records. You waive any rights requiring non-electronic records, original signatures, or non-electronic payments under applicable laws.

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22. MISCELLANEOUS

In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. Either party’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

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23. CONTACT US

To receive further information regarding the use of the Site, please contact us at: support@athyna.com.

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