Terms of Use

Table of Contents

1. 1. Introduction
2. 2. Important Health Warning
3. 3. Wellness Support and Tracking Supplement Tool Disclaimer
4. 4. Critical Health Disclaimer
5. 5. Disclaimer of Medical Advice
6. 6. Additional Disclaimer for Minors
7. 7. Proprietary Information
8. 8. Consent Regarding User Supplied Content
9. 9. Service Modifications and Interruptions
10. 10. Account Monitoring and Enforcement Policy
11. 11. Community Standards and Third-Party Contributor Consent and Disclaimer
    1. 11.1 Community Standards
       1. 11.1.1 No Inappropriate Content
       2. 11.1.2 No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders
       3. 11.1.3 No Disruptions, Exploits, or Resource Abuse
    2. 11.2 Consent
    3. 11.3 Disclaimer
12. 12. User-Generated Content
13. 13. Permitted Users
    1. 13.1 Individuals with Serious Medical Conditions
    2. 13.2 Individuals with a History of Eating Disorders
    3. 13.3 Children and Minors
    4. 13.4 Parental Responsibility
14. 14. Automatic Renewal
15. 15. Registration and Password Security
16. 16. Security Alerts and Breach Notifications
17. 17. Account Cancellation of Premium Subscription
    1. 17.1 Stay with Us
    2. 17.2 Easy Cancellation Process
    3. 17.3 Consider Our Refund Policy
    4. 17.4 Thinking of Leaving? Let Us Know Why
    5. 17.5 Stay with Us for Free
18. 18. Consent to Link and Liability Disclaimer for Third-Party Links
    1. 18.1 Third-Party Links
    2. 18.2 Permissions for Linking to Our Website and Mobile Apps
    3. 18.3 Requirement for Written Permission
19. 19. No Warranties
20. 20. Limitation of Liability
21. 21. Indemnification
22. 22. Governing Law and Jurisdiction
23. 23. Binding Arbitration and Class Action Waiver
    1. 23.1 Arbitration Clause
       1. 23.1.1 Arbitration Process
       2. 23.1.2 Arbitration Rules
       3. 23.1.3 Opt-Out and Court Jurisdiction
       4. 23.1.4 Exceptions and Additional Provisions
    2. 23.2 Class Action Waiver
       1. 23.2.1 Waiver of Class Actions and Class Arbitrations
       2. 23.2.2 No Class Arbitrations or Class Actions
       3. 23.2.3 One-Year Limitation
       4. 23.2.4 Severability
       5. 23.2.5 Acknowledgment and Acceptance
       6. 23.2.6 Right to Opt-Out
24. 24. Intellectual Property and DMCA Compliance
    1. 24.1 Intellectual Property Rights
    2. 24.2 DMCA Compliance
    3. 24.3 Patent Notices
    4. 24.4 User Responsibilities
    5. 24.5 Legal Compliance
    6. 24.6 Ownership
    7. 24.7 License to Use MyNetDiary Service
    8. 24.8 Commercial Use Restrictions
    9. 24.9 Linking to MyNetDiary Service
25. 25. Modifications to the Terms
26. 26. Mobile Services
27. 27. International Terms
28. 28. Survival
29. 29. Miscellaneous
30. 30. AI Recognition System and OpenAI Integration
    1. 30.1 Overview of AI Features
    2. 30.2 User Acknowledgment
    3. 30.3 Compliance with OpenAI’s Policies
    4. 30.4 Privacy and Data Handling
    5. 30.5 International Laws and Compliance
    6. 30.6 Limitations of Liability
    7. 30.7 Updates and Modifications
    8. 30.8 Third-Party Services Disclaimer
    9. 30.9 Consent and Agreement
31. 31. Contact us

1. Introduction

Welcome to MyNetDiary Inc., accessible via our website at www.MyNetDiary.com ("Website") and through our mobile applications ("Mobile Apps"). MyNetDiary Inc. and any successor entity (referred to throughout as "MyNetDiary," "we," or "us") offers a variety of content and services through the MyNetDiary website and Mobile Apps collectively referred to as "MyNetDiary Service.

Who We Are

MyNetDiary is a leading digital health company specializing in diet, nutrition, and weight management solutions. Our mission is to empower individuals to achieve their health goals through proven methods and user-friendly technology.

Founded in 2005, we have developed a comprehensive platform that includes mobile applications available on iOS, Android, Apple Watch, and Wear OS. Our tools assist users in tracking calories, monitoring exercise, and managing various health metrics to support a healthier lifestyle.

" By clicking the "I Agree and Consent" button, you provide your express consent to be legally bound by these Terms of Use and acknowledge your acceptance of the data practices described in our Privacy Policy. If you do not agree and do not consent to these Terms of Use or the Privacy Policy, please do not access or use MyNetDiary Service.

2. Important Health Warning

IF YOU HAVE ANY KNOWN ILLNESSES OR MEDICAL CONDITIONS, YOU MUST IMMEDIATELY STOP USING THE MYNETDIARY SERVICE. BEFORE YOU CONTINUE USING THE SERVICE, YOU MUST CONSULT WITH AND OBTAIN CONFIRMATION FROM A LICENSED PHYSICIAN.

3. Wellness Support and Tracking Supplement Tool Disclaimer

MyNetDiary Service functions as a Wellness Support and Tracking Supplement; it is not a medical device. It is not intended to substitute for medical devices, medical care, or professional medical advice. Furthermore, it does not provide diagnosis, cure, mitigation, treatment, or prevention of any disease. The information provided on the MyNetDiary Service is intended for general informational purposes only and should not be considered personal medical advice or a substitute for consulting with your physician or healthcare provider. If you have specific health concerns or need management of a medical condition, it is essential to consult your healthcare provider or team. We encourage all users to engage with their healthcare providers to ensure safe and effective management of their health.

4. Critical Health Disclaimer

By using the wellness support and tracking supplement tools provided by MyNetDiary Service, you acknowledge that these platforms are intended solely for general well-being enhancement and are not designed to manage or treat health conditions. The information and resources offered are for supplemental purposes only and should not be considered professional medical advice or treatment.

IF YOU HAVE ANY EXISTING MEDICAL CONDITIONS, IT IS IMPERATIVE TO CONSULT WITH YOUR HEALTHCARE PROVIDER BEFORE UTILIZING MYNETDIARY SERVICE. CONTINUATION OF USE WITHOUT THE EXPRESS RECOMMENDATION OF A HEALTHCARE PROVIDER MAY RESULT IN NEGATIVE HEALTH IMPACTS. IF YOUR HEALTHCARE PROVIDER ADVISES AGAINST USING THESE SERVICES, YOU MUST IMMEDIATELY DISCONTINUE THEIR USE. IGNORING THIS ADVICE COULD WORSEN YOUR HEALTH CONDITION, LEAD TO SERIOUS HEALTH ISSUES, AND POTENTIALLY RESULT IN DEATH.

5. Disclaimer of Medical Advice

The content available on the MyNetDiary Service, including but not limited to calorie counts, nutritional facts, charts and projections, suggested diets, or fasting, relies on general guidelines published by recognized authorities such as the United States Department of Agriculture, the United States Food and Drug Administration ("FDA") guidelines relating to the Recommended Daily Allowances ("RDA"), the Academy of Nutrition and Dietetics, the Institute of Medicine of the National Academy of Sciences, and other applicable authorities. While this information is informed by these authoritative sources, MyNetDiary Service does not commit to updating it in response to changes to these guidelines. The content is intended for general informational purposes only and is not medical advice. By agreeing to use our services, you expressly acknowledge, consent, and accept that any reliance on the information provided by MyNetDiary Service is solely at your own risk. You understand that outcomes, such as those based on calorie counts or projected weight loss, can vary widely. Furthermore, you recognize that using this information without supervision from a licensed healthcare provider could lead to health damage or even death. It is your responsibility to ensure that any health or diet changes are made under the supervision of a licensed healthcare provider. MyNetDiary Service cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any fitness or wellness regimen-oriented Content or any dietary program-oriented Content. MyNetDiary Service assumes that such supervision is in place as you consent to this agreement. By using MyNetDiary Services, you agree, represent, and warrant that you have received consent from your physician to participate in the Programs or any of the related activities made available to you in connection with the MyNetDiary Services.

6. Additional Disclaimer for Minors

Minors under the age of 18 are not permitted to use MyNetDiary without the supervision of a parent or legal guardian. MyNetDiary Service is unable to verify the presence of such supervision and is not liable for any use of our services by minors without it. If a minor is using our services without this required supervision, they must cease using the website and applications immediately. MyNetDiary Service is not liable for any injuries or damages that may result from the application of information found on our site or apps. You agree that the content provided by MyNetDiary Service should not be used as a substitute for professional medical advice, diagnosis, or treatment.

7. Proprietary Information

As between you and MyNetDiary Service, all content on the Website and in Mobile Apps, including its appearance and look and feel, is owned by MyNetDiary Service unless otherwise expressly indicated on the Site. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from the content, information, or material on the Website and in Mobile Apps. Furthermore, any MyNetDiary Service trademarks, trade dress, service marks, or trade names that appear on the Site and in Mobile Apps or are referenced on the Site are the property of MyNetDiary Service, and no license or other right to use such marks, names, or dress shall be deemed granted without the express or implied written permission of MyNetDiary Service.

8. Consent Regarding User Supplied Content

By accessing and using the MyNetDiary Service, you explicitly consent to and take full responsibility for any information, data, text, or other materials that you submit, post, or otherwise provide (collectively "User Content"). You acknowledge that MyNetDiary Service is not liable for the handling, misuse, or loss of this User Content. In providing User Content, you grant MyNetDiary Service an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license to use, reproduce, modify, publish, translate, distribute, perform, and display such content across any medium, explicitly waiving any claims to royalties or other fees from MyNetDiary Service. You agree as part of this consent not to post or transmit any User Content that is offensive, abusive, harassing, unlawful, or otherwise objectionable. You understand that MyNetDiary Service has the right, though not the obligation, to monitor, edit, relocate, or remove any User Content at its sole discretion. You also consent to the understanding that all User Content transmitted through MyNetDiary platforms may become public and is not confidential. You agree not to discuss, provide, solicit, or request Personally Identifiable Information or Protected Health Information (as defined under HIPAA) on these platforms. If you disclose such sensitive information, you do so at your own risk, and you accept full responsibility for any consequences of disclosing, discussing, or providing such information.

9. Service Modifications and Interruptions

MyNetDiary Service reserves the right to modify, suspend, or discontinue any aspect of our services, temporarily or permanently, at any time with or without notice. You acknowledge that such changes may occur and that MyNetDiary Service shall not be liable for any modification, suspension, or discontinuance of the services. We may issue updates to the services, including automatic updates, which you must install to continue using the services effectively. Changes will not apply retroactively unless mandated by law. By continuing to use MyNetDiary Service, you agree that these Terms will govern all such updates, and you consent to receive and install automatic updates as deemed necessary by MyNetDiary Service. In our commitment to continually enhance the functionality and user experience, MyNetDiary Service may periodically update, modify, or discontinue aspects of our services. These Service Modifications may include launching new features, adjusting existing services, applying bug fixes, and integrating technological advancements. Certain features may require the installation of updates to function properly. By using MyNetDiary Service, you acknowledge that failure to install these updates may affect service performance and functionality. You expressly consent to receive and install necessary updates as part of your use of MyNetDiary Service. Additionally, you agree that MyNetDiary Service may modify, suspend, or discontinue any part of our services at any time without prior notice or liability.

10. Account Monitoring and Enforcement Policy

MyNetDiary Service reserves the right to actively monitor activities within our services to ensure compliance with our Terms of Use and to safeguard the security and integrity of our platform. Do not post content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group will be permitted. We hold the discretion to take necessary actions in response to violations of our terms, inappropriate behavior, legal risks, government requests, or any harmful or illegal activities. Such actions may include, but are not limited to, issuing warnings, suspending or terminating services, removing posted content, and denying access to our services. While we aim to provide notice before taking enforcement actions, you acknowledge that MyNetDiary Service may act immediately without prior notice in certain situations to maintain the safety and security of our services. By using MyNetDiary Service, you consent to and acknowledge our right to enforce these policies as deemed appropriate at our sole discretion.

11. Community Standards and Third-Party Contributor Consent and Disclaimer

11.1 Community Standards

11.1.1 No Inappropriate Content:

You must not post content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other community members. Derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, as well as any endorsement of violence against individuals or groups, are strictly prohibited.

11.1.2 No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders:

Content promoting anorexia, bulimia, or very low-calorie diets, including profiles, groups, messages, posts, or wall comments, is not allowed.

11.1.3 No Disruptions, Exploits, or Resource Abuse:

You must not interfere with or damage the operation of the Services. This includes unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources.

11.2 Consent

By using the MyNetDiary Service, you acknowledge and agree that the views and content expressed by contributors, whether employees, independent contractors, or community members, are solely those of the individual contributors and do not reflect MyNetDiary Service’s official policies or positions. MyNetDiary Service provides a platform for users to voluntarily share their stories, pictures, weight, health information, and other personal details. The opinions and content shared by contributors represent only those of the individual contributors and not MyNetDiary Service.

11.3 Disclaimer

Opinions, advice, statements, services, offers, or other information shared by third parties, including users, are those of the respective individuals and not of MyNetDiary Service. MyNetDiary Service facilitates a platform for sharing and does not endorse or take responsibility for the accuracy or reliability of any content posted on this platform. Interactions with content, whether through disclosure, discussion, or reliance, are at your own risk. MyNetDiary Service is not liable for any consequences resulting from engaging with content provided by other users or third parties on our platforms. By continuing to use MyNetDiary Service, you agree to this consent and disclaimer, acknowledging and accepting the risks associated with user-generated content.

12. User-Generated Content

When you post content on MyNetDiary Service, you retain ownership of that content but grant us permission to use it in connection with our Services and to make it available to others. We reserve the right to edit or remove your content at any time and for any reason. Please do not post content that you do not own or do not have permission to post. By providing user-generated content through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit your content in connection with the Services. You acknowledge and agree that:

1. We can arrange the posting of your content as we see fit.
2. We are not obligated to give you credit for your content, but if we do, the placement and size of the credit will be at our discretion.
3. You are not entitled to any compensation for the use of your content.

13. Permitted Users

Due to the nature of our service, access to the MyNetDiary Service is restricted to ensure safe and appropriate use. The following individuals are either completely or partially prohibited from using the MyNetDiary Service on Site and the Mobile Apps:

13.1 Individuals with Serious Medical Conditions:

If you have any serious medical condition, including but not limited to pregnancy, diabetes, high blood pressure, cancer, heart disorders, or eating disorders, you are prohibited from using MyNetDiary Service without the prior confirmation from your physician or other licensed healthcare provider.

13.2 Individuals with a History of Eating Disorders:

If you currently have or have had eating disorders such as anorexia nervosa, bulimia, or other related disorders, you are not permitted to use MyNetDiary Service.

13.3 Children And Minors:

Children Under 13: No child under the age of 13 is permitted to use this Site and the Mobile Apps under any circumstances. Minors Aged 13 to 17: Individuals under the age of 18 but older than 13 must not submit personal information to MyNetDiary Services without the consent and supervision of a Parent or Legal Guardian. Further use of MyNetDiary Service by minors must be directly supervised by a Parent, Legal Guardian, or other legally authorized person.

13.4 Parental Responsibility:

Parents, Legal Guardians, or other legally authorized persons who allow minors under their care to access MyNetDiary Service agree to the terms of the INDEMNIFICATION provision below, accepting and consent to all terms as they relate to the use of MyNetDiary Service by their minor wards. By accessing and using the MyNetDiary Service, you consent and affirm that you meet the safety and age criteria outlined above and acknowledge your compliance with these restrictions.

14. Automatic Renewal

By signing up for a MyNetDiary Service subscription, you agree to the terms of automatic renewal. Your subscription will automatically renew for the same period as your initial subscription term unless otherwise disclosed at the time of your subscription purchase. If you received a discount for your initial subscription period, this discounted rate will continue to apply only until your next renewal date. Upon renewal, your subscription will be charged at the subscription rate that is active at the time of renewal. This rate will remain valid until any subsequent changes in price. MyNetDiary Service reserves the right to change subscription prices at any time. However, any initial discount you received will be preserved until your subscription is due for renewal. At the point of renewal, if new pricing is in effect, it will apply to your renewed subscription. To cancel your subscription, please follow the instructions provided on the Account page in the member section of the Website or mobile Apps. We do not prorate fees for any canceled subscriptions. Occasionally, we may offer a free trial subscription for a service. If you register for a free trial subscription, billing will commence when the free trial period expires unless you cancel your subscription before this time.

15. Registration and Password Security

You are responsible for maintaining the confidentiality of your sign-in information and password. You consent to using a strong password and agree to change it regularly to ensure account security. You acknowledge that you are responsible for all activities that occur under your account, whether or not you have authorized such activities. Should you suspect or become aware of any unauthorized use of your account or any other breach of security, you agree to immediately notify MyNetDiary Service. You can report unauthorized use or security breaches by contacting our support team at support@MyNetDiary.com. You acknowledge that MyNetDiary Service is not liable for any loss or damage arising from your failure to comply with the above requirements or from any unauthorized use of your account that is not attributable to any negligence on the part of MyNetDiary Service.

16. Security Alerts and Breach Notifications

We are committed to maintaining the security of our users' information. Despite our efforts to safeguard your Personal Data and account against unauthorized access, we cannot guarantee complete security. Unauthorized third parties may still find ways to breach our protective measures. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please let us know right away if you believe your account has been hacked or compromised. We care about the security of our users. By using MyNetDiary Service, you acknowledge the critical importance of security and agree to promptly notify our Support Team at support@MyNetDiary.com if you detect any actual or suspected security breaches or unauthorized access to your account. MyNetDiary Service reserves the right to respond to any such security concerns at its sole discretion and is not obligated to take any specific actions in response to such notifications. The response of MyNetDiary Service will depend on the nature and circumstances of the security concern and other relevant factors.

Acknowledgment and Consent: By using MyNetDiary Service, you acknowledge the inherent risks associated with online security and consent to abide by our recommended security practices.

17. Account Cancellation of Premium Subscription

17.1 Stay with Us:

We Value Your Journey. At MyNetDiary Service, we are committed to your success and satisfaction. While you can cancel your account at any time without a minimum commitment, we encourage you to reach out to us if there’s anything we can improve or customize to better meet your needs. Our team is here to support your journey and ensure you get the most out of your experience.

17.2 Easy Cancellation Process:

If you decide to cancel, you can do so easily through the Account page in the member section of our Website and Mobile Apps. The cancellation form is straightforward and quick to complete.p>

17.3 Consider Our Refund Policy:

Please note that our service is billed in advance and the fees are nonrefundable. We do not offer refunds or credits for partial months of service, nor for unused months of membership. This policy is in place to treat all our users equally and maintain a fair environment.

17.4 Thinking of Leaving?

Let Us Know Why:

If you are considering cancellation, we would appreciate the opportunity to hear about your experience. Your feedback is invaluable and helps us improve our services. Please consider sharing your reasons for cancellation in the feedback section on the cancellation form or by contacting our support team directly.

17.5 Stay with Us for Free:

We value our clients and understand that circumstances can change. Even if you cancel your subscription, you can continue to stay with us and use our basic free service. This way, you can still benefit from the essential features of our platform at no cost.

18. Consent to Link and Liability Disclaimer for Third-Party Links

18.1 Third-Party Links:

You acknowledge and agree that the MyNetDiary Service may contain links to third-party websites or resources. These links are provided for your convenience only and do not signify MyNetDiary Service's endorsement of such third-party websites, their content, or any products or services available from them. MyNetDiary Service is not responsible or liable for the accuracy, legality, or content of the external sites or for that of subsequent links. You will not hold MyNetDiary Service liable for any loss or damage that may arise from your use of these external sites. Furthermore, if you use these third-party services or products, different terms and privacy policies will govern your use of such services.

18.2 Permissions for Linking to Our Website and Mobile Apps:

Linking to our Website or Mobile Apps, including framing any portion of the sites without the express written permission from MyNetDiary Service, is strictly prohibited. However, MyNetDiary Service grants you a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website or Mobile Apps under the following conditions:

1. The hyperlink must not falsely imply that MyNetDiary Service endorses the website or its services.

2. The hyperlink must not portray MyNetDiary Service or its products in a false, misleading, derogatory, or otherwise offensive manner.

18.3 Requirement for Written Permission:

Should you wish to use any material from our sites in a manner that is not covered by these terms, you must request and receive MyNetDiary Service’s written permission beforehand. Such permission can be requested from support@MyNetDiary.com. By using our Website and Mobile Apps, you agree to abide by these terms. To enhance and strengthen the MyNetDiary Service terms of service.

19. No Warranties

THE SERVICES AND MATERIALS PROVIDED BY MYNETDIARY SERVICE ARE OFFERED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, MYNETDIARY SERVICE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYNETDIARY SERVICE DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MYNETDIARY SERVICE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MYNETDIARY SERVICE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MYNETDIARY SERVICE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

20. Limitation of Liability

While we strive to provide the best Services possible, we cannot guarantee perfection. MyNetDiary Service is not responsible for various issues that might arise from your use of the MyNetDiaryService. To the fullest extent permitted by applicable law, MyNetDiary Service, its subsidiaries, partners, and any associated wireless carriers are not liable to you or any third party for:

1. Any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind;
2. Loss of profits, revenue, data, use, goodwill, or other intangible losses;
3. Damages resulting from your access to or use of or inability to access or use the MyNetDiary Services;
4. Damages due to any conduct or content of any third party or user of the Services, including defamatory, offensive, or illegal conduct or content;
5. Damages related to any third-party content or third-party products accessed or used through the MyNetDiary Service.

1. Your use of the MyNetDiary Service;
2. The use, disclosure, display, or maintenance of a user's personal data;
3. Any other interactions with us or other users of the MyNetDiary Service, even if we have been advised of the possibility of such damages;
4. Any content, information, services, advice, or goods received through or advertised on the MyNetDiary Service, or received through any links provided on the MyNetDiary Service.

21. Indemnification

You agree to indemnify, defend, and hold harmless MyNetDiary Service, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the service, your violation of these terms of use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

22. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and/or your use of the Services resides in the courts located in the state of New York, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including any claim involving MyNetDiary Service or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

If you are a European Economic Area (EEA) country or Switzerland user:

Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

You agree that the Services, Terms, and any Disputes between you and the Company shall be governed in all respects by the laws of the New York State, United States, without regard to choice of law provisions.

23. Binding Arbitration and Class Action Waiver>

23.1 Arbitration Clause:

All disputes arising out of or relating to these Terms of Use, including any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The place of arbitration shall be New York, and the language of arbitration shall be English. The judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND MYNETDIARY INC. AGREE THAT ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION. To the fullest extent permitted by law, you and MyNetDiary Inc. agree that any dispute, claim, or controversy arising out of or relating to your use of the MyNetDiary Services (a “Dispute”) will be settled by binding arbitration rather than in court in accordance with the Federal Arbitration Act (Title 9 of the United States Code). This Arbitration Agreement governs the interpretation and enforcement of the arbitration provisions.

Both parties agree to submit any and all disputes or claims arising out of or relating to the use of MyNetDiary’s services to binding arbitration. This includes disputes against affiliates, service providers, or other third parties involved in providing the services. Arbitration will be conducted under the rules of the American Arbitration Association (AAA). More information about these rules can be found at www.adr.org.

23.1.1 Arbitration Process:

1. Initiation: Either party may initiate arbitration by submitting a written demand for arbitration to the AAA.
2. Procedure: The arbitration will be conducted by telephone, online, or based solely on written submissions unless otherwise agreed upon by both parties.
3. Arbitrator: A single arbitrator will be appointed in accordance with AAA rules.
4. Language: The arbitration will be conducted in English.
5. Judgment: Judgment on the arbitrator's award may be entered in any court having jurisdiction.

23.1.2 Arbitration Rules:

1. Individual Basis Only: All arbitration proceedings will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action.
2. Fees: MyNetDiary Service will reimburse you for filing fees up to $2000 unless the arbitrator determines your claims are frivolous. Each party will bear their own attorney's fees and costs unless otherwise awarded by the arbitrator.
3. Decision Timeline: The arbitrator will issue a decision within 120 days of appointment with a possible 30-day extension for good cause.
4. Confidentiality: Arbitration proceedings and related documents will be confidential and permanently sealed except as required to enforce the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

23.1.3 Opt-Out and Court Jurisdiction:

1. Opt-Out Option: Despite anything stated in this Arbitration Agreement, you have the right to choose to take your claim to court instead of arbitration if you opt out of this Arbitration Agreement within 30 days from the earlier of: (1) the date you accept these terms or (2) the date you first agreed to any agreement with MyNetDiary Service that included an arbitration provision. The opt-out notice must be sent no later than the applicable deadline and must be emailed to: support@mynetdiary.com. The notice must include your name, address, phone number, and email address, and clearly state that you are opting out of this Arbitration Agreement. This is the sole method to opt out of this Arbitration Agreement and failure to comply with this procedure and deadline will render the opt-out notice ineffective. Opting out of this arbitration provision will not affect any other parts of this Arbitration Agreement, which will continue to apply.
2. If this arbitration provision is deemed invalid or unenforceable, then all disputes arising under these Terms will be resolved in the state and federal courts located in New York, and both you and MyNetDiary Service consent to the personal jurisdiction and venue of these courts. If for any reason a Dispute proceeds in court rather than arbitration: (1) both you and MyNetDiary Service waive any right to a jury trial; (2) the Dispute will be resolved solely on an individual basis, not as a class or other representative action; and (3) neither you nor MyNetDiary Service may serve as a class representative or participate as a class member in such a proceeding.

This agreement to arbitrate does not prevent you or MyNetDiary from seeking provisional remedies in aid of arbitration, such as orders to stay a court action, compel arbitration, or confirm an arbitral award from a court with proper jurisdiction.

23.1.4 Exceptions and Additional Provisions:

1. Provisional Remedies: This agreement does not prevent either party from seeking temporary or preliminary relief in court to protect intellectual property rights.
2. Consumer Rights: If you are a resident of the European Union, you have the right to submit complaints through http://ec.europa.eu/consumers/odr. Other jurisdictions may have similar consumer protection avenues.
3. Interim Relief: This agreement does not prevent either party from applying to a court for temporary restraining orders, preliminary injunctions, or other provisional remedies, or from seeking relief for intellectual property disputes.

23.2 Class Action Waiver:

23.2.1 Waiver of Class Actions and Class Arbitrations:

You and MyNetDiary Service agree that any disputes, claims, or controversies arising out of or relating to the use of MyNetDiary Services, including the interpretation, applicability, enforceability, or formation of this Agreement, shall be resolved exclusively on an individual basis. By agreeing to this Class Action Waiver and consenting to these Terms and Condition, you waive any right to pursue disputes as part of a class, collective, consolidated, or representative proceeding.

23.2.2 No Class Arbitrations or Class Actions:

To the fullest extent permitted by law, you and MyNetDiary Service expressly agree that:

1. Group Arbitration Not Allowed: No arbitration or claim under this Agreement shall be joined with any other arbitration or claim, including any arbitration or claim involving any other current or former user of MyNetDiary services.
2. Individual Basis Only: All disputes, claims, or controversies shall be resolved solely on an individual basis and not on a class, collective, consolidated, or representative basis.
3. Waiver of Representative Actions: You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants in any lawsuit involving any such dispute.

23.2.3 One-Year Limitation:

As a condition precedent to commencing any court or arbitration proceedings, a claim must be made within twelve (12) months from the time the cause of action arises. You must file any claim arising out of or relating to these Terms or the use of MyNetDiary Services within one (1) year after such claim arises. Failure to satisfy this condition precedent will result in the claim being permanently barred

23.2.4 Severability:

If any portion of this Class Action Waiver is found to be unenforceable or unlawful, that specific portion shall be severed, and the remaining provisions shall continue to be enforced to the fullest extent permitted by law. The unenforceability of any portion of this waiver shall not affect the enforceability of the remainder of the Class Action Waiver or any other provision of these Terms.

23.2.5 Acknowledgment and Acceptance:

By using MyNetDiary Services, you acknowledge and agree that you have read, understand, and voluntarily agree to this Class Action Waiver. You further agree that your use of MyNetDiary Services is conditioned upon your acceptance of this Class Action Waiver.

23.2.6 Right to Opt-Out:

You have the right to opt-out of this Class Action Waiver within thirty (30) days of first accepting this Agreement by sending a written notice of your decision to opt-out to the following address: support@mynetdiary.com. Your opt-out notice must include your name, address, email address, and a clear statement that you do not agree to this Class Action Waiver. Opting out of this Class Action Waiver does not affect any other parts of this Agreement, including the obligation to arbitrate disputes.

24. Intellectual Property and DMCA Compliance

24.1 Intellectual Property Rights:

MyNetDiary respects intellectual property rights and expects users of our Service to do the same. All content and materials available on the MyNetDiary Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of MyNetDiary or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

24.2 DMCA Compliance:

If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing content on our Service, please notify our Designated Copyright Agent as set forth in the Digital Millennium Copyright Act (DMCA). Your notification must include:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. A description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Service.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you made under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Designated Copyright Agent for notice of claims of copyright infringement can be reached at:

MyNetDiary Inc.
621 NW 53rd St. Suite 240
Boca Raton, FL 33487
corporate@mynetdiary.com or i.shtark@shtarklaw.com

24.3 Patent Notices:

MyNetDiary Service may be covered by one or more patents or pending patent applications. We take patent rights seriously and expect users to respect our intellectual property rights as well. If you believe that our Service infringes on any patent, please contact us immediately with detailed information to resolve any concerns promptly.

24.4 User Responsibilities:

By using the MyNetDiary Service, you agree not to use any content or materials from our Service in a way that infringes on the intellectual property rights of MyNetDiary or others. Unauthorized use of the MyNetDiary Service may result in termination of your access to the Service and potential legal action. MyNetDiary reserves the right to remove any content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, MyNetDiary will also terminate a user’s account if the user is determined to be an infringer. For more detailed information about DMCA, please visit (https://digital.gov/resources/digital-millennium-copyright-act/).

24.5 Legal Compliance:

It is important to comply with all applicable intellectual property laws and regulations. MyNetDiary is committed to respecting intellectual property rights and adhering to the laws governing such rights.

24.6 Ownership:

All materials on the MyNetDiary platform, including copyrights, trademarks, design rights, patents, and other forms of intellectual property (both registered and unregistered), are owned by MyNetDiary and/or its affiliates or relevant third parties. MyNetDiary and/or its affiliates or third parties retain ownership and rights over all MyNetDiary content. Unless explicitly stated in the Terms, no permissions or licenses are granted to you to use any MyNetDiary content, including content owned or controlled by our affiliates or other third parties. You agree not to copy, publish, display, distribute, modify, or create derivative works from the material provided through the Services unless you have received explicit written permission from us.

24.7 License to Use MyNetDiary Service:

We are dedicated to providing you with an outstanding experience. To help us maintain this, please respect our intellectual property rights and use MyNetDiary Service as intended. This means refraining from using the service for commercial purposes without our explicit permission. As long as you adhere to these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right to access and use MyNetDiary Service for your personal, non-commercial purposes. You agree not to, and not to permit any third party to, copy, modify, create derivative works from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer, or otherwise exploit any rights in MyNetDiary Service.

24.8 Commercial Use Restrictions:

MyNetDiary Service, excluding certain business tools provided through MyNetDiary-branded websites, is designed for personal, non-commercial use only. You are not permitted to use MyNetDiary Service (except for these specific Business Tools) to sell products or services, boost traffic to your or a third-party website for commercial purposes (such as advertising sales), or engage in any other money-making activities. For instance, you cannot reformat and display search results from MyNetDiary Service or replicate our homepage or results pages on your website. Additionally, you must not use "meta-search" on MyNetDiary Service. If you wish to use MyNetDiary Service for commercial purposes other than through the Business Tools, you must enter into an agreement with us beforehand. For more information about the Business Tools, please contact our Support Team. By using any of the Business Tools, you agree to the Terms and any additional conditions that apply to those specific services.

24.9 Linking to MyNetDiary Service:

Before including any links to the MyNetDiary Service on your website or app, you must obtain approval from MyNetDiary. Once you have received approval, please follow these guidelines:

1. Use a text-only link labeled "MyNetDiary Service" (without using any of MyNetDiary's trademarks, logos, copyrights, or other intellectual property) or as directed by us.
2. Ensure the link's appearance, position, and other attributes do not harm or weaken the goodwill associated with our marks.
3. The link should not create a false impression of sponsorship, affiliation, or association with MyNetDiary Service.
4. The link must direct to the main domain of MyNetDiary Service, not to any internal pages.
5. When clicked, the link must open MyNetDiary Service in a full-screen view, not within a frame on your website or service.
6. We reserve the right to withdraw our consent to the link at any time, and you agree to remove the link promptly upon notification.

25. Modifications to the Terms

We retain the right to update these Terms by posting the revised Terms on and/or through our Services and by providing notice of significant changes to the Terms, typically through the Services.

26. Mobile Services

To use or access the MyNetDiary Service, a compatible device is required. We do not guarantee that the MyNetDiary Service will be compatible with or available on your device. Standard messaging, data, and other rates and fees from your phone carrier will still apply.

27. International Terms

United States Legal Compliance

The software that supports the Services may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR“) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC“), and the International Traffic in Arms Regulations (“ITAR“) maintained by the Department of State.

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

By using the Service, 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. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.

You acknowledge and agree that products, services, or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Data Privacy

European Economic Area (EEA), United Kingdom (UK), and Switzerland Residents

If the processing of your information is subject to the European Economic Area (EEA), United Kingdom (UK), or Switzerland (Swiss) data protection law, you have certain rights with respect to that data:

• You can request access to, and rectification or erasure of, your information by contacting us at info@mynetdiary.com;
• If any automated processing of your information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;
• If the processing of your information is based on your consent, you can withdraw consent at any time for future processing;
• You can object to, or obtain a restriction of, the processing of your information under certain circumstances; and
• For residents of France, you can send us specific instructions regarding the use of your data after your death.

To make such requests, please contact us at info@mynetdiary.com. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

We rely on different lawful bases for collecting and processing your information. For example, with your consent or as necessary to provide the services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.

If you have any questions about our data processing activities, please contact us at info@mynetdiary.com.

If you think that we haven’t complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.

PRIVACY DISCLOSURES FOR THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AND SWITZERLAND

These Privacy Disclosures set out information about how we use your personal data when you access our Service from the European Economic Area (“EEA”), United Kingdom ("UK"), or Switzerland. Please ensure that you have read and understood these Privacy Disclosures before you access or use the Service.

Personal Data: When we use the term “personal data” in these Privacy Disclosures, we mean information relating to an identified or identifiable natural person.

Controller: MyNetDiary Inc., is the “controller” responsible for the processing of personal data in connection with our Service. This means that we determine and are responsible for how your personal data is used.

1. LEGAL BASES FOR THE PROCESSING

Regularly, we use your personal data based on the following legal grounds according to the Regulation (EU) 2016/679 (the “EU GDPR”) or, where applicable, the “UK GDPR” as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the UK European Union (Withdrawal) Act 2018 GDPR:

• Perform our contractual services, including prior to entering a contract with you. If you order services from us or if you contact us to request our services, we use your personal data to provide you with these services, including for account and contract management, to facilitate user benefits and services, including customer support, and to facilitate the onboarding process.
• Justified by our legitimate interests. The usage of your personal data may also be necessary for our own business interests. For example, we may use some of your personal data to market our Services to individuals; administer, improve and personalize our services, including by recognizing an individual and remembering their information when they return to our services and analyzing our client-base; process payment for our services; conduct market research; opportunity tracking, conversion and lead generation; test, enhance, update and monitor the services, or diagnose or fix technology problems; help maintain the safety, security and integrity of our property and services, technology assets and business; enforce our agreements, resolve disputes, carry out our obligations and enforce our rights, and protect our business interests and the interests and rights of third parties; and prevent, investigate or provide notice of fraud or unlawful or criminal activity.
• Consent. In some cases, we may ask you to grant us separate consent to use your personal data.
• Compliance with legal obligations. We are obligated to retain certain personal data because of legal requirements, for example, tax or commercial laws, or we may be required by law enforcement to provide personal data on request.

We may link or combine the personal data we collect about you and the information we collect automatically.

We may anonymize and aggregate any of the personal data we collect (so that it is no longer linked to you and does not identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving the Service. We may also share such anonymized and aggregated information with others.

We will also indicate to you, at the point that we collect personal data from you, if the provision of certain personal data is mandatory or optional. Some information, such as your name, address, payment transaction information, and information on your requested services, may be necessary for your use of certain features and functionalities of the Service. If you choose not to provide personal data marked as mandatory, we may not be able to provide those aspects of the Service to you, or to respond to your queries and other requests.

2. HOW LONG WE STORE YOUR PERSONAL DATA

We do not generally store the personal data we collect about you after you use the Service, unless we are required to do so to comply with applicable law or if we believe your personal data may be necessary to deal with a complaint or legal claim.

3. MARKETING AND ADVERTISING

From time to time, we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services. Marketing messages we send may be through the app or by email. For some marketing messages, we may use personal data we collect about you to help us determine the most relevant marketing information to share with you.

We will only send you such messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails.

4. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

Security. We implement appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, change or damage. All personal data we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting credit or debit card information or national identification numbers.

International Transfers of your Personal Information. The personal data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are located in the EEA, United Kingdom, or Switzerland your personal data may be processed outside of those regions, including in the United States.

In the event of such a transfer, we ensure that: (i) the personal data is transferred to countries recognized as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards that require the recipient to treat the personal data in a manner that is essentially equivalent to that guaranteed in the country you are in. If you are located in the EEA, United Kingdom or Switzerland, these safeguards include entering into agreements that incorporate the standard contractual clauses adopted by the European Commission and approved by the UK Information Commissioner.

If you wish to enquire further about the safeguards used, please contact us using the details set out at the beginning of these Privacy Disclosures.

5. PROFILING AND AUTOMATED DECISION-MAKING

We may analyze personal data we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use personal data about you to detect and reduce fraud and credit risk.

We do not use your personal data for automated individual decision-making.

6. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA

In accordance with applicable privacy law, you have the following rights in respect of your personal data that we hold:

• Right of access. You have the right to obtain
  • confirmation of whether, and where, we are processing your personal data;
  • information about the categories of personal data we are processing, the purposes for which we process your personal data and information as to how we determine applicable retention periods;
  • information about the categories of recipients with whom we may share your personal data; and
  • a copy of the personal data we hold about you.
• Right of portability. You have the right, in certain circumstances, to receive a copy of the personal data you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
• Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal data we hold about you without undue delay.
• Right to erasure. You have the right, in some circumstances, to require us to erase your personal data without undue delay if the continued processing of that personal data is not justified.
• Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal data if the continued processing of the personal data in this way is not justified, such as where the accuracy of the personal data is contested by you.
• Right to withdraw consent. There are certain circumstances where we require your consent to process your personal data. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal data before your withdrawal.
• Modifications. Any modification to these Terms will be announced on the website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.

You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal data, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

If you wish to exercise one of these rights, please email us at info@mynetdiary.com.

Due to the confidential nature of data processing, we may ask you to confirm your identity when exercising the above rights.

If you are a resident of any of the below countries, notwithstanding anything in these terms to the contrary, nothing in these terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the Consumer Guarantees Act 1993, the Consumer Contract Act, or the Fair-Trading Act 1986 or other applicable laws of the Country you live in.

• EEA Countries, , Hong Kong (SAR of China),
• Russia,
• New Zealand
• South Korea
• Japan
• Germany, France, Austria or Finland: Restrictions on the the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

Nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us, death or personal injury caused by our negligence or willful misconduct, or non-execution of any material contractual obligation.

You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available below:

• If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner's Office (https://ico.org.uk/global/contact-us /(Link is external) (Link opens in new window)) and the
• Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html (Link is external) (Link opens in new window)).

28. Survival

The termination of our relationship or these Terms will not affect any rights or remedies to which we are entitled. Provisions of these Terms that are intended to remain in effect after termination will continue to apply, including but not limited to Sections 7 (Proprietary Information), 12 (User-Generated Content), 19 (No Warranties), 20 (Limitation of Liability), 21 (Indemnification), 23 (Binding Arbitration and Class Action Waiver), 24 (Intellectual Property and DMCA Compliance), and this Section 28(Survival).

29. Miscellaneous.

You acknowledge that these Terms and your use of the Services do not create any joint venture, partnership, employment, or agency relationship between you and us. These Terms represent the complete agreement between you and us regarding your use of the Services.

Our decision not to enforce any right or provision under these Terms does not waive that right or provision. If a court with appropriate authority determines that any provision of these Terms is invalid, the parties agree that the court should strive to fulfill the original intent of the provision as closely as possible, and the remaining provisions of the Terms will remain in full effect.

You may not assign, delegate, or transfer your account or your obligations under these Terms without our prior written consent. We reserve the right, at our sole discretion, to assign or transfer any or all of our rights under these Terms and to delegate or subcontract our obligations to third parties in connection with the Services.

Any notice we provide to you via email, postal mail, or through links or notifications associated with the Services will be deemed sufficient notice under these Terms. We are not liable if you do not receive notice due to your email security settings (e.g., messages filtered as “junk” or “spam”) or failure to update your email address. Notices sent by email or postal mail will be considered received 48 hours after dispatch. Notices provided through links or notifications on the Services will be considered received 24 hours after being first made available.

30. AI Recognition System and OpenAI Integration

30.1 Overview of AI Features

MyNetDiary utilizes an AI system powered by OpenAI to provide personalized insights, recommendations, and automated responses to enhance user experience. These features rely on user-provided input to generate outputs.

30.2 User Acknowledgment

By using MyNetDiary’s AI-powered features, you agree to the following:

1. The AI system is an automated tool and does not provide medical, legal, financial, or professional advice. All outputs are for informational purposes only.
2. Responses may not always be accurate, complete, or up-to-date, and they should not be relied upon without independent verification or consultation with a professional.
3. You are responsible for ensuring that the input provided to the AI does not include sensitive, confidential, or personally identifiable information unless explicitly required and protected under our Privacy Policy (link to MyNetDiary Privacy Policy).

30.3 Compliance with OpenAI’s Policies

You acknowledge that your use of AI features is subject to OpenAI’s Usage Policies https://openai.com/policies/usage-policies/ and Service terms https://openai.com/policies/service-terms/

Any misuse of these features, including the generation of prohibited content, will result in the suspension or termination of your access to these features.

30.4 Privacy and Data Handling

1. MyNetDiary processes information shared with the AI system in compliance with our Privacy Policy (link to MyNetDiary Privacy Policy). Data shared with OpenAI may be temporarily stored and processed by OpenAI to provide accurate and relevant responses.
2. OpenAI's Privacy Policy https://openai.com/policies/privacy-policy/ governs the handling of data processed by OpenAI, and you are encouraged to review it.
3. Users are advised to avoid providing sensitive personal data unless strictly necessary and covered under applicable data protection laws.

30.5 International Laws and Compliance

1. By using the AI-powered features, you confirm compliance with applicable laws in your jurisdiction. Users outside the United States should review local regulations governing the use of AI and data protection.
2. MyNetDiary makes no representation that the AI-powered features are lawful or appropriate in all jurisdictions. It is your responsibility to ensure compliance with local laws.
3. If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms https://openai.com/policies/eu-terms-of-use/

30.6 Limitations of Liability

1. MyNetDiary and OpenAI disclaim any liability for inaccuracies, omissions, or adverse outcomes arising from the use of AI-powered features.
2. MyNetDiary is not responsible for legal or regulatory noncompliance resulting from your use of OpenAI features in any jurisdiction.

30.7 Updates and Modifications

1. MyNetDiary reserves the right to modify or discontinue AI-powered features at its discretion and without prior notice.
2. Updates to this section may occur as required by changes in OpenAI’s policies, privacy regulations, or international laws. Be aware that OpenAI may update their policies, privacy regulations, or international laws independently of MyNetDiary. While we strive to keep our references current, there may be delays in updating our terms to reflect such changes. We encourage you to review OpenAI's policies directly to stay informed of any modifications.

30.8 Third-Party Services Disclaimer

MyNetDiary integrates services from third-party providers, including but not limited to OpenAI, to enhance user experience. While we strive to collaborate with reputable partners, we do not control or assume responsibility for the actions, content, or policies of these third-party services.

Acknowledgment and Consent

By using MyNetDiary's services, you acknowledge and agree that:

1. Third-Party Services: Certain features or functionalities may be provided by third-party services. Your use of these features is subject to the terms and conditions of the respective third-party providers.

2. No Endorsement: The inclusion of third-party services does not imply endorsement or responsibility for their content, actions, or policies. We recommend reviewing the terms and privacy policies of any third-party services you interact with through our platform.

3. Limitation of Liability: MyNetDiary shall not be liable for any damages, losses, or issues arising from your use of third-party services, including but not limited to inaccuracies, errors, or omissions in their content, or any actions taken by such third parties.

30.9 Consent and Agreement

By using the AI-powered features, you consent to these terms and agree to comply with MyNetDiary’s policies, OpenAI’s Usage Policies https://openai.com/policies and any applicable laws

31. Contact Us

We welcome your questions and feedback. You can reach us through any of the following methods:

Email: info@mynetdiary.com

Mail: MyNetDiary Inc., 621 NW 53rd St., Suite 240, Boca Raton, FL 33487

If you have an account with MyNetDiary, we encourage you to use the Support tab within the member section of MyNetDiary.com for assistance.

In case you are unable to access the member section, please feel free to contact our support team directly via email at support@mynetdiary.com.