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Terms of Use

Last Updated: July 24, 2026

The website located at https://sooth.fyi (the “Site“) is a copyrighted work belonging to Sooth Inc. (“Company“, “us“, “our“, and “we“). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these “Terms“) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself or the entity that you represent, except as otherwise provided in Part D. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

Part B of these Terms requires the use of arbitration (Section 8.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Part B does not apply to you if you are using the Sooth Platform under Part C or Part D, except as expressly stated in those Parts.

Part A — Determining Which Terms Apply

  1. Structure of These Terms. These Terms of Use are organized into parts based on how you access and use the Sooth Platform:
    1. If you were provided access to the Sooth Platform by a school or district that has a written agreement with Sooth (such as a Student Data Privacy Agreement), Part C (School-Provided Access) governs your use.
    2. If you are an adult (18 years of age or older, or the age of majority in your jurisdiction) creating an individual account directly with Sooth, without accessing the Sooth Platform through a school or district, Part B (Individual Adult Terms) governs your use in full.
    3. All others creating an individual account directly with Sooth, without a school or district agreement in place, Part D (Student & Individual Trial Accounts) governs your use, as modified by Part B where indicated in Part D.
  2. If you are unsure which Part applies to you, contact us at contact@sooth.fyi.
  3. Later School-Provided Access. If, after these Terms first apply to you, a school or district enters into a School Agreement with Sooth covering your account, Part C will govern your use of the Sooth Platform going forward, notwithstanding Part B or Part D.

Part B — Individual Adult Terms

This Part B applies to you if Part B governs your use under Part A, or if your trial account has converted to a paid subscription under Part D.5.

  1. Accounts

    1. Account Creation: In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 7.
    2. Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You and your authorized users may only use the Sooth Platform as described in these Terms and the Privacy Policy. You are responsible for ensuring your authorized users comply with all relevant terms of these Terms and any failure to comply will constitute a breach by you. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  2. Access to the Site

    1. License: Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
    2. Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, disassemble, translate, decompile, recreate or attempt to recreate, by reverse compiling or engineering or otherwise, the site or the source code from the object code or adapt such in any way for use or make derivative works of any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
    3. Modification: Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
    4. No Support or Maintenance: You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
    5. Ownership: You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You shall not, by virtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in Company’s computer programs, object codes, source codes or systems.
    6. Feedback: If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

  3. Indemnification:

    You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  4. Third-Party Links; Other Users

    1. Third-Party Links: The Site contains links to third-party websites and services (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
    2. Other Users: Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
    3. Release: You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  5. Disclaimers:

    THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  6. Limitation on Liability:

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  7. Term and Termination:

    Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 3 through 10.

  8. General

    1. Changes: These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    2. Dispute Resolution: Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
      1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
      2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 330 N Belmont Ave, Wichita, Kansas 67208. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
      3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Sedgwick County, Kansas unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in the courts set forth in paragraph 8.2.13. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
      4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
      5. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
      6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
      7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
      8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
      9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to the applicable court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
      10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
      11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
      12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
      13. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the Kansas State Court for the County of Sedgwick which shall have subject matter jurisdiction over the claim or controversy or to the United States District Court for the District of Kansas, sitting in Wichita, Kansas. The parties expressly consent to the exercise of personal jurisdiction by the Sedgwick County, Kansas State Court or by the United States District Court for the District of Kansas, sitting in Wichita, Kansas, and expressly consent to service of process by either certified mail or registered mail and waive any objections to venue, forum non-convenience or other similar defenses.
      14. Law. The Arbitration Agreement, Terms, access and use of the Site, and the parties relationship shall be deemed to have been entered into in the State of Kansas, and all questions concerning the validity, interpretation or performance of any of the Terms or provisions, or of any rights or obligations of the parties hereof, shall be governed by and resolved in accordance with the internal laws of the State of Kansas, including, without limitation, the statute of limitations.
    3. Export: The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
    4. Disclosures: Company is located at the address in Section 8.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    5. Electronic Communications: The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
    6. Entire Terms: These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
    7. Copyright/Trademark Information: Copyright © 2026 Sooth Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
    8. Force Majeure: Either Party will be excused from delays in performing or from failing to perform its obligations under this Agreement (except for payment obligations which may be delayed but shall not be so excused) to the extent the delays or failures result from causes beyond the reasonable control of the Party. Without limiting the generality of the foregoing, such causes include acts of God, the public enemy, fires, floods, storms, earthquakes, riots, terrorism, strikes, blackouts, wars or war operations, restraints of government, including public states of emergency, utility or communications failures, denial of service, hacking and other malicious attacks and activities, software viruses, telecommunications slow-downs or failure, erroneous data transmission, and causes which could not, with reasonable diligence, be controlled or prevented by the Party. However, to be excused from delay or failure to perform, the Party must promptly provide written notice to the other Party and act diligently to remedy the cause of the delay or failure.
    9. Contact Information:
      
Sooth, Inc.
330 N Belmont Ave.
Wichita, Kansas 67208
316.253.2791
      contact@sooth.fyi

  9. Subscriptions; Pricing and Payment

    1. Pricing and Payment: Pricing and payment terms are set forth in your Subscription Management portal on the Site and are incorporated into these Terms by reference. All prices are quoted and payable in U.S. Dollars. Company may adjust pricing for renewal terms from time to time.
    2. Renewal:
      1. Individual Subscriptions. Individual subscriptions renew automatically. You will receive a renewal reminder approximately ten (10) days before your renewal date, and payment will be processed automatically on that date. Failure to complete a required renewal payment may result in restricted account access.
      2. Group Subscriptions. Group subscriptions do not renew automatically. Account administrators will receive a renewal reminder approximately ninety (90) days before the renewal date, and periodically thereafter. Payment is due by the renewal date, or account access may be restricted. If Customer’s School Agreement specifies different renewal, payment, or notice terms, the School Agreement’s terms shall prevail.
    3. Term: The term of your subscription is set forth in your Subscription Management portal on the Site. Upon expiration or termination of your subscription, you will no longer have access to the Site.
    4. Cancellation: You may cancel your subscription at any time through your Subscription Management portal. Upon cancellation, you will retain access to the Site until the end of your then-current term. No refunds will be provided.
    5. Notices: Notices to Company under these Terms must be in writing and may be delivered by mail, email, or courier to the address in Section 8.9. Notices to individual subscribers will be delivered by email to the address on the subscriber’s account. Notices to group subscriptions will be delivered by email to the account administrator’s address, unless Customer’s School Agreement specifies a different notice procedure, in which case the School Agreement’s procedure shall prevail. A party may update its notice address by providing written notice of the change to the other party. Notices sent by email are deemed received when sent, provided the sender retains proof of delivery.

  10. Confidentiality:

    Each party agrees to keep confidential, and to use only for purposes of performing under these Terms, any confidential information disclosed to it by the other party, such as payment terms and pricing that may be different from publicly disclosed pricing.

Part C — School-Provided Access

  1. Applicability. This Part C applies to your use of the Sooth Platform if you were provided access as a student, teacher, or administrator through a school or district that has entered into a Student Data Privacy Agreement or other written agreement with Sooth (the “School Agreement,” and such school or district, the “Customer”).
  2. Governing Terms. Customer’s School Agreement governs data security, indemnification, limitation of liability, dispute resolution, and other commercial terms between Sooth and Customer. As between you individually and Sooth, Sections 2.1 (License), 2.2 (Certain Restrictions), 2.3 (Modification), 2.4 (No Support or Maintenance), 2.5 (Ownership), 2.6 (Feedback), Section 4 (Third-Party Links; Other Users), and Section 9.2(b) (Renewal — Group Subscriptions), and Section 9.5 (Notices — Group Subscriptions) of Part B apply to your use of the Sooth Platform.
  3. Student Data. Personal Information of students, student records, and student-generated content (collectively, “Student Data”) is the property of the applicable student or the student’s parent or legal guardian. During the term of the School Agreement, Customer shall retain control of all Student Data maintained in connection with the School Agreement. Sooth shall take reasonable commercial measures designed to ensure the security and confidentiality of all Student Data, and Sooth and its employees, agents, and contractors shall use Student Data only for purposes permitted under the School Agreement and Sooth’s Privacy Policy.
  4. FERPA. Student Data may include “education records” as defined under FERPA. To the extent Sooth collects or processes Personal Information in education records in the course of providing the Sooth Platform, it does so as an outsourced institutional function pursuant to FERPA 34 CFR Part 99.31(a)(1), and is designated by the Customer for these purposes as a “school official” with legitimate educational interests. Sooth will comply with its responsibilities as a school official under FERPA. The Customer is responsible for obtaining any necessary consents prior to providing Student Data to Sooth, and is wholly responsible for providing annual notice to students and parents or other legal guardians of their rights with respect to FERPA and other applicable law.
  5. COPPA. Consistent with Section 3.5 of Sooth’s Privacy Policy, Sooth relies on Customer to obtain any necessary parental consent under COPPA’s “school official” exception, in connection with the Customer’s use of the Sooth Platform for educational purposes.
  6. Data Retention. Upon expiration or termination of the School Agreement, or upon Customer’s written request, Sooth will handle Student Data as described in Section 6 (Data Retention) of Sooth’s Privacy Policy.

Part D — Student Self-Serve Trial Accounts

This Part D applies to you if Part D governs your use under Part A.

  1. Eligibility and Nature of Access. You may create an individual account to trial the Sooth Platform for up to thirty (30) days without a school or district agreement in place. Subject to these Terms, Sooth grants you the license described in Section 2.1 to use and access the Site during your trial period. Sooth handles information collected from all users consistent with the Children’s Online Privacy Protection Act (“COPPA”), as described in our Privacy Policy, regardless of your actual age.
  2. Capacity to Contract. Many individuals accessing the Sooth Platform under this Part D are minors who may lack the legal capacity to enter into a binding contract. To the extent you lack such capacity, the provisions of Part B of these Terms — including the arbitration agreement, class action waiver, jury trial waiver, indemnification obligations, and release of claims — do not apply to you. If you have reached the age of majority in your jurisdiction, Part B applies to you in full.
  3. Use at Your Own Risk. Regardless of your capacity to be bound by Part B, your access to and use of the Sooth Platform under this Part D is at your own risk. THE SOOTH PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND SOOTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Sooth reserves the right to suspend, limit, or terminate any trial account at any time, for any reason.
  4. Platform Rules Still Apply. You agree to comply with the acceptable-use restrictions in Section 2.2 and Sooth’s ownership rights under Section 2.5, regardless of your capacity to be bound by Part B. Sooth may terminate your access for violating these restrictions.
  5. Conversion to a Paid Subscription or School Access. If you convert your trial account to a paid subscription by providing billing information, you represent that you have the legal capacity to contract, and Part B applies to your account in full from that point forward.
Terms of Use - Rules for Using Our Platform | Sooth.fyi