Terms of Service

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and contact us if you have any questions. If you do not agree to these Terms, do not use our services.

These Terms govern your access to and use of the products and services we provide through or for Metasophi.com (collectively, “Services”). Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1 Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you are accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. This agreement is entered into with Allamew Analytics Ltd., the company under which Metasophi operates as a brand. We refer to Allamew Analytics Ltd. as Allamew or Metasophi or “we” throughout these Terms.

2 Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address. you are solely responsible and liable for all activity under your account. you are also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. You must not share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3 Minimum Age Requirements

Our Services are not directed to children. you are not allowed to access or use our Services if you are under the age of 16. If you register as a user or otherwise use our Services, you represent that you are at least 16. You may use our Services only if you can legally form a binding contract with us. In other words, if you are under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4 Service Specific Terms

Metasophi, with your permission, gathers and analyses your personal data to provide you with individualised statistics and correlation on the relationship between different variables. Correlation does not always imply causation, and omitted or untracked variables can lead to misleading statistics, so care needs to be taken when interpreting statistical output.

We can take no responsibility for the quality of the data, which is dependent on the devices you use, how you use them, and your own accuracy when manually tracking data. Therefore we cannot provide any quality assurance for the statistics, which is based upon said data.

If you publish any graphs, tables, or statistics from Metasophi, or otherwise act on said information, you are considered as the researcher as only you can verify the quality of the data supplied and therefore the quality of the statistics. Consequently, you also assume all liability emerging from the use of such statistics, either by you or someone else.

It is against these terms of service to use Metasophi to diagnose, cure or treat, any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical or mental condition of any person.

The statistical results on Metasophi must not be used to diagnose any medical condition. Furthermore, no result should be interpreted as recommending treatment for any medical condition. In the event that you require medical advice or treatment, please contact a licensed medical professional.

It is not permitted under these terms to use Metasophi to either 1) ascertain or verify/compare the efficacy of a medicine or 2) ascertain or verify/compare the safety of a medicine. Efficacy is defined as the concept of demonstrating scientifically whether and to what extent a medicine is capable of diagnosing, preventing or treating a disease.

This service must not be used to track adverse events emerging from the use of medicinal products.

If you are linked or affiliated to an institution receiving federal funding from the US government, then we advise you to look into the regulations relating to the Common Rule. If what you are doing qualifies as research, then you may need to get approval from a relevant IRB. For the purposes of IRB review, research is considered as “a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge”, where “contribute to generalizable knowledge means that the purpose or intent of the project is to test or to develop scientific theories or hypotheses, or to draw conclusions that are intended to be applicable and/or shared beyond the populations or situations being studied.” https://www.bloomu.edu/documents/irb-approval

According to some sources, “Federal regulations do not distinguish between self-experimentation and research on subjects recruited for a specific project. Faculty, staff, and students who wish to act as participants in their own research are considered human subjects. All self-experimentation human research activities require IRB review and approval prior to commencing the study.” See here for more info.

For more information on the Common Rule and the institutions to which it applies, please consult the following:

Revised Common Rule Regulatory Text

More on the Common Rule

5 Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (such as comments and other text, along with photo, video, audio) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites i.e. websites to which a course offered through Metasophi provides a link. So, for example:

  1. We don’t have any control over third-party websites.
  2. A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  3. We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  4. If you publish a course via our Service, you are fully responsible for the Content available on your courses, and any harm resulting from that Content. It’s your responsibility to ensure that your courses Content abides by applicable laws and by the Agreement.
  5. We are not responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. you are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  6. Any Content that is for sale through any of our Services is the creator’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  7. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

6 Metasophi Fees

6.1 Fees for Paid Services

Some of our Services are offered for a fee. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we will bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting us at info@metasophi.com. Revenue-based fees applies to creators of Content, and require that you pay us a percentage of the revenue generated by the courses you have made available through Metasophi.com. Revenue-based fees are ongoing.

6.2 Taxes

If you have created a course on Metasophi that earns revenue, you are responsible for paying all applicable Taxes relating to such revenue.

6.3 Payment

If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

6.4 Fees and Changes

We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

6.5 Refunds

We may have a refund policy for some of our Paid Services, and we will also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

7 Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

8 General Representation and Warranty

We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  1. Will be in strict accordance with the Agreement;
  2. Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  3. Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  4. Will not infringe or misappropriate the intellectual property rights of Metasophi or any third party;
  5. Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  6. Will not disclose the personal information of others;
  7. Will not be used to send spam or bulk unsolicited messages;
  8. Will not interfere with, disrupt, or attack any service or network;
  9. Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  10. Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  11. Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8.1 License

By uploading or sharing Content on Metasophi in order to publish a course, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, translate, distribute, adapt, publicly display, and publish the Content.

You also grant us the right to use your name in connection with the Content and any related advertising, marketing, and promotional activities.

8.2 Removing Content

If you delete Content, we will use reasonable efforts to remove it from public view on Metasophi.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

9 Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.

All the courses and content of Metasophi.com and our Services are protected by international copyright and trademark laws. However, you may reproduce graphs from Metasophi illustrating statistical results and data trends calculated that apply solely to your personal data. Aside from this, under no circumstances may you reproduce, modify, translate, distribute, adapt, publicly display, and publish any of the Content found on the website or delivered via our Services; this provision not only refers to text and graphics but also to code and software.

Notwithstanding the above, if you have enrolled as a user or have paid for a course you may download and/or print portions of Content solely for your own non-commercial use so long as you do not mask, alter or delete any copyright or proprietary notices from the Content. Furthermore, you may not share any Content of a course that you paid for with anyone.

If you create a course, we don’t own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your course.

If you post content to Metasophi.com, then you must either own the copyright or any other intellectual right(s) pertaining to such content, or have received permission from the third-party that owns such rights.

If you find a course on Metasophi.com that you believe violates these Terms, please let us know. Please note however that copyright does not extend to methods or techniques: it only protects content in a fixed form of expression, such as a particular arrangement of words. Metasophi sometimes takes the most important methods and techniques from books and other material and reformulates them into our step-based course content. As our courses do not quote extensively, if at all, from the source material, we are not breaching the moral rights of the original authors.

You are not permitted to use any tool, programme or manual process to amass or copy any content or data from our website or Service, unless that has been authorised by Metasophi in writing.

You are prohibited from framing or using framing techniques on any Content without the express written permission of Metasophi.

All Content submitted by users is also subject to these Terms of Service, irrespective or whether it is published or not. If you submit material to our service, you thereby represent and warrant that you own the necessary proprietary rights and copyright pertaining to the material, including the right to authorise Metasophi to distribute that material through our Services in the manner envisaged by these Terms of Service.

By submitting material to our Service, you represent that you shall have no recourse against Metasophi for any alleged or actual infringement of any proprietary right in the Content you submit to Metasophi.

We do not assume any liability for the Content submitted by any user.

We also retain the right to remove any Content submitted by a user that we believe does not comply with the Terms of Service or any other rules or guidelines for user conduct on our Service. By submitting material, you agree to the aforementioned right and also agree to waive any claim against us arising out of a removal of any user-submitted Content.

9.1 Copyright Infringement Procedure

Following international best practice, we have adopted the following policy to address any concerns arising from potential copyright infringement.

We reserve the right to block or remove any Content uploaded to our Service, by any individual or organisation, if we believe that the material has been illegally copied and distributed.

Any individual or organisation that is a repeat offender may have their access to the service removed.

9.2 Procedure for Reporting Copyright Infringement

If you believe that Content is available though our Services which infringes the proprietary right of you or a party you have been authorised to act on behalf of, please send us a notice of copyright infringement to info@metasophi.com, which includes the following information:

  1. Evidence (such as a physical or electronic signature) that you either are, or are authorised to act on behalf of, the person or entity whose proprietary rights have been infringed.
  2. A clear indication of the corresponding original work or material that is allegedly being infringed.
  3. A clear indication of the material available through our Services that is allegedly infringing the proprietary rights of you or the party you represent.
  4. Contact information about you so that we can respond to the notice.
  5. A declaration that the notifier verifies that the content that is allegedly infringing the proprietary rights of you or the party you represent is not authorised by the holder of the proprietary rights, and party representing them, or the law.
  6. A declaration made under penalty of perjury that all indications and declarations provided by you are accurate and that you have the legal authority to make a complaint on behalf of the holder of the proprietary rights.

Once a notice following the above protocol has been received, we reserve the right to:

  1. Remove or block the infringing material.
  2. Notify the user who provided the content that we have done so.
  3. Terminate the access of the user to our Service if this person has repeatedly infringed other people’s proprietary rights.

9.3 Procedure to Appeal the Decision of Metasophi

If we have removed material which you have uploaded to our Service, and you believe that, contrary to our decision, said material does not infringe the proprietary rights or any individual or organisation, you may send us a counter-notice at info@metasophi.com, which must include:

  1. Evidence, such as a physical or electronic signature, that you are the content provider.
  2. A clear indication of the material that was removed or blocked.
  3. A declaration that the material was blocked or removed due to an error or a misidentification of the material.
  4. Information on the name, address, phone number and email address of the user who provided the content, along with a declaration that the user will accept service of process from the entity that provided notification of the alleged infringement.

If Metasophi receives a counter notice fulfilling the above format, then Metasophi may subsequently send a copy of such to the original complainant stating that we may restore or unblock the material concerned to our Service in ten working days. Unless the initial complainant files an action seeking a court order against the content provider accused of infringing their copyright, the content in question may be restored on our Services ten to fourteen days after receipt of the counter-notice, at the discretion of Metasophi.

10 Intellectual Property

Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Metasophi.com or third-party trademarks, intellectual property or copyright.

11 Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, or plugins) provided or manufactured by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand that:

  1. Third-Party Services are not vetted, endorsed, or controlled by Metasophi.
  2. Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
  3. Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
  4. Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  5. If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

12 Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Metasophi, or if Metasophi posts a revised version. we will let you know when there are changes: we will post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13 Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Metasophi policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments or terminate your access to the Services, if we believe your Content’s storage or bandwidth usage burdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14 Disclaimers

Our Services are provided “as is.” Metasophi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Metasophi, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15 Jurisdiction and Applicable Law

This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of Ireland, exclusive of conflict or choice of law rules. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the courts of Ireland.

16 Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”).

The tribunal will consist of a sole arbitrator. The place of the arbitration will be Dublin, Ireland. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

Notwithstanding the foregoing, you and Metasophi shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction of the courts located in Ireland. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and legal fees.

17 Limitation of Liability

In no event will Metasophi, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Metasophi under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Metasophi shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18 Indemnification

You agree to indemnify and hold harmless Metasophi, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, and any Content that you post.

19 Translation

These Terms were originally written in English. We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will take precedence.

20 Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Metasophi and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Metasophi may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Building on the example set by Automattic Inc. (https://automattic.com/), we’ve made these Terms available under a Creative Commons Sharealike license, which means that you are more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices.