Thalovant Terms of Service

Part A. General terms

Sections 1 to 21 apply to everyone who uses the Home line. Part B (sections 22 to 24) adds to or replaces some of them depending on where you live.

1. About these terms

1.1 What these terms cover. These terms govern your use of the Thalovant website (thalovant.com), the dashboard (dash.thalovant.com), hubs, the skill store, the public hub catalogue, our APIs, SDKs, MQTT and MCP endpoints, and our software, including the Thalovant Voice desktop app and satellite software (together, the "Services").

1.2 Documents that form part of these terms. The following documents also apply and are part of your contract with us: the Acceptable Use Policy, the AI & Safety page, and, when you install our software, the End User Licence Agreement. Our Privacy Notice and Cookie Policy explain how we handle personal information; they are not contract terms you have to accept.

1.3 Order of precedence. No document overrides mandatory law, including consumer and data-protection rights that cannot be excluded or limited by contract. Applicable contractual data-protection clauses take priority for the processing they cover, according to their own scope and precedence rules. Part B for your region prevails over Part A and the other documents listed in section 1.2. Subject to those protections, the EULA takes priority only for the grant, scope and restrictions of the Software licence, within the EULA's existing scope. These Terms of Service govern all other matters, including warranties, liability, governing law and disputes; the other documents supplement them only where consistent. Third-party component and model licences continue to govern those components and models, as described in section 15 and EULA section 4. This rule does not turn the Privacy Notice or Cookie Policy into contract terms or extend a data-protection agreement beyond its scope.

1.4 Accepting these terms. You accept these terms when you create an account, or when you start using the Services without an account (for example, to try a public hub). If you do not agree, do not use the Services.

1.5 Copy of these terms. We email you a copy of these terms when you subscribe to a paid plan, and you can always read the current version at thalovant.com/terms/. Earlier versions are available on request.

2. Who can use Thalovant

2.1 Who can have an account. You must be at least 13 years old to create an account. When you sign up we ask for the month and year you were born so we can check this; we keep only whether you are under or over the age of majority where you live, not your birth date. We also ask where you live (country, then province, territory or state) and keep your answer. For now new accounts are open to people in Canada and the United States; if you live elsewhere we cannot open one. If you live in Quebec, you must be at least 14. To buy or manage a paid plan you must have reached the age of majority where you live (18 in most places, 19 in some provinces and states, 21 in Mississippi) and be old enough to enter into a binding contract.

2.2 Teens and younger children. If you are 13 or over but under the age of majority where you live (18 in most places, 19 in some provinces and states, 21 in Mississippi), you need a parent or legal guardian's permission to use Thalovant. We rely on you for that permission and do not check it. Your account is on the Free plan, and a parent or legal guardian has to buy and manage any paid plan. Children under 13 must not create accounts. A parent or legal guardian with an account may let a child under 13 use a kid-labelled hub or, on the Family plan, a kids' profile, as described in section 11.

2.3 Personal use. The Home line is for personal, household and non-commercial use. Using Thalovant for a business, a venue or a public place requires a Work plan under the Business Terms.

2.4 Restrictions. You may not use the Services if we have previously closed your account for a serious breach of these terms, or if you are barred from receiving them under the laws that apply to you, including sanctions laws.

3. Your account and household

3.1 Accurate information. Give us accurate account information and keep it up to date, especially your email address, because we use it for important notices.

3.2 Security. Keep your password, sign-in methods and API tokens secret. Turn on multi-factor authentication where we offer it. Tell us at once at support@thalovant.com if you think someone else has accessed your account.

3.3 One account per person. Your account is personal. On the Family plan you may invite one other adult to share the plan with their own login. You are responsible for what happens under your account, including what the other adult and the children in your household do with the hubs you set up, except where the activity results from our own failure.

3.4 People who use your hubs. If other people talk to a hub you own (guests, housemates, family members), tell them that it is an AI assistant and, on paid plans, that the text of what they say can be kept for up to 90 days, as described in section 9.

4. What Thalovant provides

4.1 The Services. Thalovant lets you use AI voice and text assistants ("hubs"), connect devices and apps to them ("clients"), add capabilities to them ("skills"), keep personal memory, and build on them with our developer tools. The features and limits of each plan are shown on the pricing page and in the dashboard.

4.2 Where the AI runs. The AI models that power hubs run on Thalovant hardware in Montreal, Canada. We do not send your conversations from that infrastructure to a third-party AI provider. Separately, the phone apps use the device's speech services (on many Android phones Google's, on iPhone Apple's), and you can ask through Siri. Those services may process your speech on their provider's servers before a request reaches Thalovant, as explained in section 15.5 and the Privacy Notice, section 11.2.

4.3 Beta features. Some features are marked "beta" or "preview". They may change, stop, or behave less reliably than other features, and we may withdraw them. Section 22 describes the rights consumers in Europe keep for beta features included in a paid plan.

4.4 Changes to the Services. We improve Thalovant continuously. We may add, change or remove features, provided that a change does not materially reduce the core features of a paid plan you have already paid for during the current billing period. If we do make such a change, we will tell you in advance and you may cancel and receive a pro-rata refund for the unused part of the period.

4.5 Language. These terms are published in English and in French at thalovant.com/fr/terms/. The website and dashboard have English and French interfaces; the dashboard lets you choose either language. Language availability in other clients, skills and third-party services can differ. Interface language does not waive your language rights or establish your choice of contract language. See sections 20.6, 22.12 and 24.7.

5. Plans, prices and taxes

5.1 Plans. The Home line has three public plans: Free, Home and Family. We may also offer plans by invitation. The price, billing period and limits that apply to you are shown at checkout before you pay.

5.2 Currency and taxes. Prices are in Canadian dollars (CAD) and do not include tax. Sales taxes (such as GST/HST and QST in Canada, VAT in Europe, or sales tax in the United States) are calculated from your location at checkout and shown before you confirm your order. Your bank or card issuer may charge currency conversion or foreign transaction fees; those are not set by us.

5.3 Monthly and annual billing. Paid plans are billed monthly or annually, in advance. Annual billing costs about ten times the monthly price (roughly two months free); the exact annual price is shown on the pricing page and at checkout.

5.4 Payment and merchant of record. Payments are processed by Stripe. For some purchases, Stripe (or one of its affiliates) acts as the merchant of record, meaning it sells you the subscription on our behalf and handles the payment, tax and receipt. The checkout page tells you when this is the case. Stripe's terms then apply to the payment transaction itself, and these terms continue to govern your use of the Services. You can always exercise your rights (including cancellation, withdrawal and refunds) by contacting us; we will coordinate with Stripe.

5.5 Limits. Each plan has usage limits, for example the number of hubs, clients, intents per day, API requests and memory items. When you reach a limit, the feature pauses or slows down until the limit resets or you upgrade. We do not charge overage fees on the Home line.

5.6 Free plan. The Free plan costs nothing. For adult accounts it includes one durable personal memory item. Memory is disabled for teen accounts, kid-labelled hubs and kids' profiles. Where memory is available, you can instruct the hub to replace your existing item; a paid plan is needed to keep more than one item at a time. We will not replace or delete your first item to make room without your instruction.

6. Free trials

6.1 Who gets a trial. The Home and Family plans come with a 14-day free trial the first time you subscribe to a paid Home-line plan. One trial per person, household and payment method.

6.2 Card required. You need to add a payment card to start a trial. Before you start, we show you the price you will pay when the trial ends and the date of the first charge.

6.3 Reminder and conversion. We send you a reminder by email before the trial ends. If you cancel before the trial ends, you are not charged. If you do not cancel, your paid subscription starts automatically when the trial ends, you are charged the price shown at sign-up, and the subscription renews as described in section 7.

7. Renewal, cancellation and refunds

7.1 Automatic renewal. Your paid subscription renews automatically at the end of each billing period (month or year) for the same period, at the price that applies at that time, until you cancel. We charge the payment method on file at the start of each period.

7.2 How to cancel. You can cancel at any time, online, in the dashboard under Billing, using the "Cancel subscription" button. You can also cancel online without signing in, with the cancellation form at dash.thalovant.com/cancel. You do not need to call or write to us. You can also cancel by emailing support@thalovant.com from the address on your account. We confirm every cancellation by email.

7.3 Effect of cancelling. Cancellation stops future renewals. Your plan stays active until the end of the period you have paid for, and then your account moves to the Free plan.

7.4 Refunds. Except where these terms (including Part B) or the law give you a right to a refund, payments are non-refundable and we do not refund partial billing periods. This does not affect your right of withdrawal in Europe (section 22), your rights in Quebec (section 24), or any other right you have under consumer law.

7.5 Failed payments. If a payment fails, we will tell you and try again. If the payment still fails, your account moves to the Free plan. You can resubscribe at any time.

7.6 Moving to a smaller plan. If you move to a plan with lower limits, anything above the new limits stops working (for example, additional hubs or memory items beyond the Free plan's one item). We do not delete your memory items or hub settings because of a downgrade without first giving you at least 30 days' notice and a way to export them.

8. Changes to prices, plans and these terms

8.1 Price changes. We may change the price of a plan. We will tell you by email before a price increase affects you, normally 30 days before it takes effect, or within any different notice window required where you live. A new price applies from your next renewal after the notice period. If you do not agree, you can cancel before the new price applies.

8.2 Changes to these terms. We may update these terms, for example to reflect new features, legal requirements or security needs. If a change materially affects you, we will tell you by email or in the dashboard at least 30 days before it takes effect, and explain what changes. Changes do not apply retroactively. If you do not agree to a change, you can cancel before it takes effect; in that case we refund any prepaid amount for the unused part of your billing period. Minor changes that do not reduce your rights (for example, clarifications or new optional features) may take effect when we publish them.

8.3 Regional rules. Sections 22.8 and 24.3 set out additional rules for consumers in Europe and in Quebec.

9. Your content, memory and voice data

9.1 Your content. "Your content" means what you say or type to a hub, the memory items you create, the settings of your hubs, and anything else you upload or connect. You keep all rights you have in your content.

9.2 What you allow us to do. You give us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display your content only as needed to provide, secure and support the Services for you, as described in the Privacy Notice. This licence ends when your content is deleted, except for copies we must keep by law.

9.3 Voice. When you speak to a hub, your audio is converted to text to answer you. We do not store raw audio on Thalovant's servers. The desktop app can keep the most recent 40 recordings on your own device if you enable "Keep the last recordings", as described in the EULA, section 5.2. Device-platform speech services have their own processing terms (section 15.5). We do not identify people by their voice and we do not create voiceprints.

9.4 Utterance text. On paid hubs you own, the text of what was said and the hub's answers are kept for up to 90 days so you can review your history and so we can troubleshoot problems. We do not keep utterance text for the Free plan, for anonymous or preview sessions, or for kid-labelled hubs.

9.5 Memory. Memory is under your control. A hub remembers something durably only when you (or someone using your hub) ask it to. You can see, edit and delete your memory items at any time in the dashboard. For adult accounts, the Free plan keeps one memory item; paid plans have no fixed memory limit. Memory is disabled for teen accounts, kid-labelled hubs and kids' profiles. The Privacy Notice, section 2, explains how deleting an item stops its use and how retained versions are handled.

9.6 Output. As between you and us, you may use the answers and other output that hubs produce for you for any lawful purpose, and we do not claim ownership of it. Output may be similar or identical to output produced for other people, and you have no rights in other people's output.

9.7 Your responsibility. You are responsible for your content. You must have the rights you need for it, and it must follow the Acceptable Use Policy.

9.8 Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

10. AI output and safety

10.1 You are talking to an AI. Hubs are AI systems, not people. Their voices are computer-generated. A hub will say it is an AI if you ask.

10.2 Output can be wrong. AI output can be inaccurate, incomplete, out of date, or inappropriate, even when it sounds confident. Check important information against reliable sources.

10.3 No professional advice, no emergency service. Hubs do not give medical, legal, financial, psychological or other professional advice, and you must not rely on them for decisions in those areas. Thalovant is not an emergency service and cannot call emergency services for you. In an emergency, call your local emergency number (911 in Canada and the United States, 112 in Europe).

10.4 Crisis topics. Hubs are not a crisis service and are not a substitute for professional help. If you or someone else is thinking about suicide or self-harm, contact a crisis line, such as 988 in Canada and the United States or 116 123 in many European countries, or your local emergency number. Our AI & Safety page lists crisis lines and explains how to report a concern.

10.5 Physical actions. If you connect a hub to devices or services that act in the physical world (for example, locks, heaters or appliances), you decide what it may control and you remain responsible for using those devices safely.

11. Children, kid-labelled hubs and the Family kids' profile

11.1 How children under 13 use Thalovant. Children under 13 do not have accounts. A parent or guardian may let a child use a kid-labelled hub, or set up a kids' profile on the Family plan.

11.2 What we do not keep. Conversation and activity records for kid-labelled hubs and kids' profiles retain no utterance text or IP address, and these hubs and profiles keep no personal memory or conversation journal. The kids' profile on the Family plan has memory turned off. Separate account sign-in and security records, hub, device and session identifiers, profile settings and linked crisis-referral records are described in the Privacy Notice, sections 2 to 4 and 9; the limits on conversation records do not mean that no personal information is processed.

11.3 Parent responsibility. The parent or guardian who sets up a kid-labelled hub or kids' profile is responsible for supervising the child's use, for choosing the skills available to the child, and for deciding whether the Services are suitable for that child.

11.4 More information. The Privacy Notice explains how we protect children's information, including our COPPA statement for the United States.

12. Skills, the store and public hubs

12.1 Skills. Skills add capabilities to a hub. Some are made by Thalovant, some by the open-source community (for example OpenVoiceOS), and some by other publishers. Skills made by others are provided by their publishers under their own terms and licences. We review skills before we list them in the store, but we do not guarantee skills we did not make.

12.2 Media skills. For licensing reasons, skills that play YouTube, YouTube Music, Spotify, SoundCloud or Bandcamp content are not available in the store. Radio, aggregator and news skills (for example TuneIn, SomaFM and news skills) remain available. If you install any other skill yourself using developer access, you are responsible for having the rights to the content it plays and for following the terms of the services it connects to.

12.3 Public hubs. Public hubs are published by organisations under the Publisher Terms. Every public hub is reviewed by Thalovant before it is listed in the public catalogue. A listing is not an endorsement. The publisher is responsible for its public hub. Home-line plans cannot list public hubs.

12.4 Reporting. If you think a skill or public hub is unlawful, unsafe or breaks our rules, report it to support@thalovant.com. We review every report.

13. Developer access

13.1 What is included. Home-line plans include developer access to your own hubs through our API, SDKs, MQTT and MCP endpoints, within the token, scope and rate limits of your plan.

13.2 Tokens. API tokens act as you. Keep them secret, give each token only the scopes it needs, and revoke tokens you no longer use.

13.3 Rules. You may not use developer access to go beyond your plan's limits, to access hubs or data that are not yours, to resell access to the Services, or to operate a service for others. Developer interfaces marked beta may change without notice.

14. Acceptable use

You must follow the Acceptable Use Policy. In particular, you must not use Thalovant to break the law, to harm children, to record or monitor people without the consent the law requires, to harass or deceive people, to attack or overload our systems or anyone else's, or to rely on AI output for medical, legal, financial or emergency decisions.

15. Software, updates and third-party components

15.1 Our software. The Thalovant Voice desktop app and satellite software are licensed to you, not sold, under the End User Licence Agreement.

15.2 Updates. We provide updates, including security updates, to keep the Services working and safe. Some updates are installed automatically. If you do not install an update we tell you is required, parts of the Services may stop working.

15.3 Open-source components. Parts of Thalovant are built on open-source software, which is licensed under its own terms. Nothing in these terms limits your rights under those licences.

15.4 Third-party services. If you connect a hub to a third-party service, your use of that service is governed by its own terms and privacy policy.

15.5 Mobile apps and app stores. We give you a personal, revocable, non-exclusive, non-transferable licence to install and use Thalovant's mobile voice apps to connect to hubs you are allowed to use, subject to these terms. When you get an app from Google Play or another store, or when an app relies on services provided by your device platform, such as Android's or Apple's speech recognition and text-to-speech, or Siri, that store's or provider's own terms and privacy policies also apply to that part of your use. We do not control those services. The apps include open-source components, to which section 15.3 applies, and the wake-word models described in section 15.6. The app lists them all.

15.6 Wake-word models. Our phone apps, the Thalovant Voice desktop app and our satellite software hear their wake word with models from openWakeWord, a project by David Scripka (github.com/dscripka/openWakeWord). Three files do the work: hey_jarvis_v0.1.onnx recognises the phrase "Hey Jarvis", and melspectrogram.onnx and embedding_model.onnx turn the sound into what that model reads. They are the files openWakeWord published in its release v0.5.1, unchanged. The phone apps carry them inside the app; the desktop app and satellite software download them from that release when they are set up. They run on your device, and nothing your device hears while it waits for the wake word is sent anywhere. openWakeWord publishes its code under the Apache License 2.0 and its pre-trained models under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence. These models are not ours. You receive them under their own licence, not under these terms, and nothing in these terms gives you more rights in them, or fewer, than that licence gives you.

15.7 Choosing the wake word. In the Thalovant Voice desktop app (Sound, then Wake word) and in the satellite software (the --wake-word option when installing on a machine without a screen, or wake: word: in its voice.yaml file), you can choose the wake word: "Hey Jarvis", which is the default, "Hey Mycroft", "Hey Rhasspy" or "Alexa", all from the same openWakeWord release, or a wake-word model file of your own. Whichever you choose, the two openWakeWord files that turn the sound into what the wake-word model reads are still used. The phone apps offer no choice: they listen for "Hey Jarvis" only.

16. Suspension and termination

16.1 By you. You can stop using the Services at any time and delete your account from the dashboard or by emailing support@thalovant.com. Deleting your account also cancels any paid subscription (see section 7.3 for the effect of cancelling).

16.2 By us. We may suspend or close your account, or part of the Services, if you seriously or repeatedly break these terms or the Acceptable Use Policy, if we must do so by law, if your use creates a risk of harm to others or to the security of the Services, or if payment remains outstanding after the steps in section 7.5. Where reasonable, we warn you first and give you a chance to fix the problem.

16.3 Reasons and appeal. When we suspend or close your account, we tell you why, unless the law forbids it or telling you would compromise safety or an investigation. You can ask us to reconsider by writing to support@thalovant.com; a person will review your request.

16.4 Refund if we end the contract. If we close your account for a reason that is not your fault, we refund any prepaid amount for the unused part of your billing period.

16.5 After closure. If you delete your account yourself, it is erased at once and cannot be restored, so export your memory items and hub settings first; see Delete your account and data. If we close your account under section 16.2, you have 30 days to export your memory items and hub settings from the dashboard, unless we closed the account because of illegal activity or a serious risk to others. After that, we delete your content as described in the Privacy Notice.

16.6 What continues. Sections that by their nature should continue after the contract ends (for example sections 9.6, 17, 18, 19 and Part B) continue.

17. Warranties and disclaimers

17.1 Our commitment. We provide the Services with reasonable care and skill.

17.2 Disclaimer. To the fullest extent permitted by the law that applies to you, and except as expressly stated in these terms, the Services are provided "as is" and "as available", and we make no other promises about them, including that they will be uninterrupted, error-free, or suitable for a particular purpose, or that AI output will be accurate.

17.3 Your statutory rights. Nothing in these terms limits rights you have under consumer protection law that cannot be excluded by contract. Part B describes some of those rights.

18. Liability

18.1 What we are not responsible for. To the fullest extent permitted by the law that applies to you, we are not liable for indirect or consequential losses, loss of profits, business or revenue, or losses caused by your breach of these terms, by third-party skills or services, or by events beyond our reasonable control.

18.2 Cap. To the fullest extent permitted by the law that applies to you, our total liability to you for all claims relating to the Services is limited to the greater of (a) the amounts you paid us for the Services in the 12 months before the event giving rise to the claim and (b) CAD 100.

18.3 What we do not limit. Nothing in these terms excludes or limits our liability for death or personal injury caused by our fault, for fraud, for intentional or grossly negligent conduct, or for anything else that cannot be excluded or limited by law.

18.4 Regional rules. Sections 22.9 and 24.4 replace or restrict this section for consumers in Europe and in Quebec.

19. Disputes and governing law

19.1 Talk to us first. Most problems can be solved quickly. Before starting any legal proceedings, please email support@thalovant.com with the subject "Dispute", a description of the problem and what you would like us to do. We will try to resolve it within 30 days. This step does not stop any limitation period from running and does not prevent you from going to court where the law gives you that right.

19.2 Governing law. These terms are governed by the laws of the Province of Quebec and the federal laws of Canada that apply there. This choice of law does not deprive you of the protection of mandatory consumer laws of the place where you live. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.3 Courts. Subject to Part B, disputes are decided by the courts of Quebec sitting in the judicial district of Montreal. If you are a consumer, you may also bring proceedings where the law of the place you live allows.

19.4 United States. If you live in the United States, disputes are resolved by individual arbitration as described in section 23, unless you opt out.

20. General

20.1 Entire agreement. These terms, with the documents listed in section 1.2, are the whole agreement between you and us about the Services.

20.2 Transfer. We may transfer this contract to a company that takes over the Services, provided your rights under these terms are not reduced; we will tell you if this happens. You may not transfer your account or this contract without our written consent.

20.3 Severability. If a court finds part of these terms invalid or unenforceable, the rest remains in effect.

20.4 No waiver. If we do not enforce a right immediately, we can still enforce it later.

20.5 Notices. We send notices to the email address on your account or show them in the dashboard. You can send notices to support@thalovant.com or to our address in the Imprint.

20.6 Language. These terms are written in English. A French version is published at thalovant.com/fr/terms/, and we may publish other translations. Where the law of the place you live gives a translation priority, that rule applies.

20.7 Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, widespread power or network failures, or acts of public authorities. We will take reasonable steps to limit the effect of such events.

21. Contact

Thalovant Technologies Inc., 2727 rue Saint-Patrick, Montréal, Quebec H3K 0A8, Canada. Email: support@thalovant.com. More details are in the Imprint.

Part B. Regional terms

The chapters below apply only if you are a consumer who lives in the region concerned. They take priority over Part A where they differ.

22. Consumers in the EU, EEA, UK and Switzerland

22.1 Scope. This section applies if you are a consumer habitually resident in a member state of the European Union or the European Economic Area, in the United Kingdom, or in Switzerland.

22.2 Who you contract with. Your contract is with Thalovant Technologies Inc., whose details are in the Imprint. Where Stripe acts as merchant of record (section 5.4), the checkout page names it.

22.3 Before you order. Before you pay, the checkout shows the main features of the plan, the total price including taxes, the billing period, the fact that the subscription renews automatically, how to cancel, and, for trials, the price that applies after the trial. The final button is labelled so that it is clear that ordering involves an obligation to pay (for example "Subscribe and pay"). After you order, we confirm the contract by email with these terms attached.

22.4 Right of withdrawal. You have the right to withdraw from a contract for a paid plan within 14 days without giving any reason. The withdrawal period ends 14 days after the day the contract is concluded, which is the day you subscribe or start a free trial. You can withdraw with the online withdrawal function at dash.thalovant.com/withdraw, by email to support@thalovant.com, or by using the model withdrawal form. Full details are on the Right of Withdrawal page.

22.5 Starting during the withdrawal period. When you subscribe, you ask us to start providing the paid plan immediately, during the withdrawal period. If you then withdraw, you pay an amount in proportion to what we provided until you told us you were withdrawing, and we refund the rest. If you withdraw during a free trial, you pay nothing.

22.6 Cancelling. You can cancel at any time with the "Cancel subscription" button in the dashboard, as described in section 7.2, or online without signing in at dash.thalovant.com/cancel, without logging in to any other service, calling, or writing to us. We confirm your cancellation immediately on screen and by email.

22.7 Annual plans after the first year. If you do not cancel an annual plan before the end of its first year, it continues for an indefinite period. You can then end it at any time with no more than one month's notice, and we refund the prepaid amount for the unused part of the period.

22.8 Legal guarantee and changes. You have a legal guarantee that the Services conform to the contract, including the updates needed to keep them conforming and secure, under the law of your country (in the EU, the laws implementing Directive (EU) 2019/770; in the UK, the Consumer Rights Act 2015). If the Services do not conform, you can ask us to bring them into conformity and, if we do not or cannot, you can ask for a price reduction or end the contract. We change the Services only for valid reasons (such as legal requirements, security, or technical or product developments) and at no extra cost to you. If a change negatively affects your access to or use of the Services in more than a minor way, we tell you at least 30 days in advance, and you may end the contract free of charge within 30 days of the change, with a refund of any prepaid amount for the unused period. Section 4.3 (beta features) does not reduce these rights for features included in your paid plan.

22.9 Liability. Section 18 does not apply to you. Instead: we are liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability laws, and under any guarantee we have given. For slight negligence, we are liable only for breach of an obligation that is essential to the proper performance of the contract and on which you may regularly rely, and then only for damage that was foreseeable and typical for this type of contract when it was concluded. This section does not limit any liability that cannot be limited under the law of your country.

22.10 Governing law and courts. The choice of Quebec law in section 19.2 does not deprive you of the protection of the mandatory laws of the country where you live. You may bring proceedings in the courts of your country of residence, and we may bring proceedings against you only there. If you live in the UK, you may bring proceedings in the courts of England and Wales, Scotland or Northern Ireland, depending on where you live.

22.11 Out-of-court dispute resolution. We are not obliged to take part in dispute resolution proceedings before a consumer arbitration board, and we have not committed to do so. We will nevertheless consider any request in good faith. The European Commission's online dispute resolution platform closed on 20 July 2025.

22.12 Language. These terms are offered in English and in French (the French version is published at thalovant.com/fr/terms/). The website and dashboard have English and French interfaces, as described in section 4.5. Where the law of your country requires information to be given to you in your own language, that obligation applies; you can contact support@thalovant.com for assistance.

23. Consumers in the United States

23.1 Scope. This section applies if you live in the United States.

23.2 Automatic renewal. Before you subscribe, we clearly show you that the subscription renews automatically until you cancel, the price and billing period, and how to cancel, and we ask for your express agreement to those terms. After you subscribe, we send you an acknowledgement by email with these terms, the cancellation policy and how to cancel. You can cancel online at any time as described in section 7.2. For annual plans, we send you a reminder before each renewal, between 15 and 30 days before the renewal date, with the price and how to cancel. At least once a year we remind you of any active subscription, what it costs, and how to cancel. We tell you about a price change before it takes effect, within the notice window your state requires.

23.3 Warranty disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

23.4 Arbitration agreement and class action waiver.

(a) Informal resolution first. Before starting arbitration, the party with a claim must send the other a written notice describing the claim and the relief sought: to us at support@thalovant.com with the subject "Notice of Dispute" (or by mail to 2727 rue Saint-Patrick, Montréal, Quebec H3K 0A8, Canada), and to you at the email address on your account. The notice must include your name and account email. Both parties will try in good faith to resolve the claim for 60 days after the notice is received. Limitation periods are paused during those 60 days.

(b) Agreement to arbitrate. If the claim is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to these terms or the Services (a "Dispute") will be resolved by binding individual arbitration, and not in court, except as set out in (c). The arbitrator decides all questions about the scope, validity and enforceability of this arbitration agreement, except that a court decides questions about the class action waiver in (e) and about (h).

(c) Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may ask a court for an injunction to stop infringement or misuse of intellectual property. Claims that the law does not allow to be arbitrated by agreement (including claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act) are not subject to this agreement.

(d) Rules, place and fees. The arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, or, if the AAA is unavailable, by JAMS under its Streamlined Arbitration Rules. The Federal Arbitration Act governs this section. Hearings take place by video conference or in the county where you live, as you prefer; for claims of USD 10,000 or less, you may choose to proceed on written submissions only. We pay all filing, administration and arbitrator fees above the amount you would pay to file a claim in court, unless the arbitrator finds your claim frivolous or brought for an improper purpose. The arbitrator may award any individual relief a court could award, including attorneys' fees where the law allows.

(e) Class action and jury trial waiver. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of different people or award relief to anyone other than the individual party. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If a claim seeks public injunctive relief, that request is decided by a court after the individual arbitration ends, and the court proceeding is stayed until then.

(f) Many similar claims. If 25 or more similar demands are filed by or with the help of the same law firm or organisation, they will be administered under the AAA Mass Arbitration Supplementary Rules, and limitation periods are paused for claims held back under those rules.

(g) 30-day opt-out. You can opt out of this arbitration agreement by emailing support@thalovant.com with the subject "Arbitration opt-out", from the address on your account, within 30 days after you first accept these terms. Include your name and a statement that you opt out of arbitration. Opting out does not affect any other part of these terms. If you opt out, Disputes are decided by the courts described in (i).

(h) If the waiver fails. If the class action waiver in (e) is found unenforceable for a particular claim, that claim (and only that claim) will be decided in court, not in arbitration, and this arbitration agreement does not apply to it.

(i) Courts. Any Dispute that is not arbitrated is decided by the state or federal courts for the county where you live, unless you and we agree otherwise.

(j) Changes. If we make a material change to this section 23.4, you may reject it by emailing us within 30 days of the change; the previous version then continues to apply to you. A change never applies to a Dispute of which we already have notice.

23.5 California. Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

23.6 Children. Children under 13 cannot open their own accounts. Their use of parent-configured kid-labelled hubs and Family kids' profiles is described in section 11. The absence of stored utterance text does not mean that no personal information is processed: the Privacy Notice describes account and device information, profile settings and linked crisis-referral records, including in sections 2, 3, 4 and 9. These descriptions do not establish an exemption from COPPA or replace any notice, parental consent or other protection required by applicable law. See the Privacy Notice.

24. Consumers in Canada and Quebec

24.1 Canada. If you live in Canada, the consumer protection law of your province or territory applies in addition to these terms. Section 23 (including arbitration and the class action waiver) does not apply to anyone who lives in Canada. You may bring proceedings in the courts of the province or territory where you live.

24.2 Quebec: no arbitration, no class action waiver. If you live in Quebec, the Consumer Protection Act applies. As section 11.1 of that Act requires, nothing in these terms or in any related document requires you to submit a dispute to arbitration, restricts your right to go to court, or prevents you from bringing or taking part in a class action. You may go to the courts of Quebec, including the Small Claims Division of the Court of Québec.

24.3 Quebec: changes to the contract. We may change these terms only as section 8 allows. At least 30 days and no more than 90 days before a change takes effect, we send you a written notice, drafted clearly and legibly, that sets out the new clause alone (or the amended clause together with the clause as it read before), the date the change takes effect, and your right to refuse the change and to cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the change takes effect. If the change increases your obligations or reduces ours, you may exercise that right.

24.4 Quebec: liability. Sections 17 and 18 do not apply to you to the extent that the Consumer Protection Act prohibits a merchant from excluding or limiting its liability, including for its own acts or those of its representatives.

24.5 Quebec: distance contracts. Before you subscribe, we give you the information required for distance contracts, and we send you a copy of the contract (these terms and your order details) by email within 15 days of the contract being concluded; in practice, immediately after checkout. You may cancel the contract within 7 days after receiving that copy if we did not give you the required information before the contract was concluded, and you have other cancellation and refund rights (including asking your card issuer to reverse a charge) in the situations described in sections 54.1 to 54.16 of the Consumer Protection Act.

24.6 Quebec: privacy. We handle personal information in accordance with the Act respecting the protection of personal information in the private sector (as amended by Law 25). Our person in charge of the protection of personal information can be reached at privacy@thalovant.com.

24.7 Quebec: language. Under the Charter of the French Language, you are entitled to receive these terms in French. The French version is published at thalovant.com/fr/terms/. Where the Charter requires the French version to be provided first, that requirement must be met before an express choice to be bound only by another-language version. Merely using an English interface does not establish that choice, and you do not have to request French to benefit from that requirement. We will not enforce against you any clause of this English version that the Charter does not allow us to enforce. Contact support@thalovant.com for assistance.