Effective Date: August 7, 2026
This Terms of Service Agreement (this "Agreement") is entered into by and between The Experience Company, Inc., a Delaware corporation ("Company," "GAIA," "we," "us," or "our"), and you, the individual or entity accessing or using our artificial intelligence assistant services and platform (the "Service"). BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 18.5.
By accessing, browsing, or using the Service, you hereby acknowledge your acceptance of this Agreement and agree to be bound by all terms, conditions, and notices contained or referenced herein. This Agreement constitutes the entire agreement between you and Company concerning your use of the Service. You further acknowledge that you have read and understood our Privacy Policy, which is incorporated herein by reference and forms an integral part of this Agreement.
You represent and warrant that: (a) you have the legal capacity and authority to enter into this Agreement under the laws of your jurisdiction; (b) you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (c) if you are entering into this Agreement on behalf of an entity, you have the authority to bind such entity; and (d) your use of the Service does not violate any applicable laws or regulations.
You acknowledge and agree that:
You expressly agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. Prohibited activities include, but are not limited to:
Company may offer certain features of the Service without charge ("Free Features") and other features that require payment ("Premium Features"). With respect to Premium Features:
Except as required by applicable law or as expressly stated below, fees paid for Premium Features are non-refundable:
You may cancel your subscription at any time:
The Service is subject to usage limits, which may include limits on messages, AI model requests, connected integrations, storage, background workflows, and other resources. Applicable limits depend on your plan and are described in the Service. Company may set, change, or enforce usage limits at any time, including to protect the stability and security of the Service or to prevent abuse. Company may throttle, suspend, or reduce access where usage materially exceeds normal individual use or is inconsistent with your plan.
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof (collectively, the "Company Content"), are and shall remain the exclusive property of Company and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service as follows:
You retain all ownership rights in any content, data, or information you submit to the Service ("User Content"). By submitting User Content, you grant Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and use the User Content to the extent necessary to operate, provide, and improve the Service, including passing it to the third-party providers described in our Privacy Policy. Company does not use content from your connected third-party integrations — including emails, calendar events, contacts, and other data retrieved from accounts you connect — to improve the Service, as described in the Privacy Policy. This license terminates when you delete the User Content or your account, except for reasonable backup copies retained for the period described in the Privacy Policy. Company will not sublicense or transfer this license to any third party except a service provider acting on Company's behalf, or an acquirer in connection with a merger or sale of assets. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe upon any third-party rights.
The Service uses artificial intelligence to generate responses, summaries, and suggestions. AI outputs may be inaccurate, incomplete, outdated, or misleading, and may misinterpret your instructions or the contents of your connected accounts. You are responsible for reviewing and verifying AI outputs before relying on them. AI outputs do not constitute legal, medical, financial, tax, or other professional advice, and you should not rely on them as a substitute for a qualified professional.
GAIA is an agentic assistant. By connecting an integration and instructing the assistant, you authorize Company to take actions in that connected account on your behalf. Depending on the integrations you enable, this may include sending and modifying email, creating and deleting calendar events, posting messages, modifying records in connected tools, and running scheduled workflows that act when you are not present.
The Service connects to third-party products and services that Company does not own or control. Your use of any connected service is governed by that provider's own terms and privacy policy, and you are responsible for complying with them. Company does not warrant the availability, accuracy, or continued operation of any third-party service, and is not liable for any loss arising from a third-party service's downtime, errors, rate limits, changes to its API, suspension of your account with that provider, or discontinuation. A third-party provider may change or withdraw access at any time, which may remove functionality from the Service without notice.
Company's collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated herein by reference. Company hereby represents that it does not and will not sell, rent, or lease any personal data to third parties, and does not use content from your connected third-party integrations — including emails, calendar events, contacts, and other data retrieved from accounts you connect — to improve its services. Company may use content you submit directly to the Service to improve its services, as described in the Privacy Policy. Company processes personal data solely for the purposes of providing the Service and as otherwise described in the Privacy Policy.
Company may modify, suspend, or discontinue the Service, or any feature or integration within it, at any time. Where Company discontinues the Service in its entirety, or discontinues a paid feature in a way that materially reduces the value of your subscription, Company will provide at least thirty (30) days' notice by email or prominent notice in the Service and will refund the unused prepaid portion of your then-current billing period. Company is not otherwise liable to you or any third party for modifying, suspending, or discontinuing the Service.
Either party may terminate this Agreement at any time with or without cause. Company may immediately terminate or suspend your access to the Service without prior notice if Company determines, in its sole discretion, that you have violated any provision of this Agreement. Upon termination, your right to use the Service shall immediately cease, and you shall discontinue all use of the Service. Sections 7, 8, 9, 13, 14, 15, 16, 18, and 19 shall survive termination of this Agreement.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any third-party rights; or (d) any content you submit to the Service.
Company reserves the right to modify this Agreement at any time by posting revised terms on the Service. Material changes will be communicated via email or prominent notice on the Service at least thirty (30) days before taking effect. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Agreement. If you do not agree to the modifications, you must discontinue use of the Service.
This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. This choice of law does not deprive you of the protection of any mandatory consumer law of the country or state in which you reside.
Before initiating arbitration, you and Company agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief sought to support@heygaia.so. If the dispute is not resolved within sixty (60) days, either party may begin arbitration.
Any dispute arising out of or relating to this Agreement or the Service that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Agreement. The arbitration shall be seated in Wilmington, Delaware, and may be conducted by telephone, video conference, or on written submissions unless the arbitrator orders otherwise. If you are a consumer, you may elect to have the arbitration conducted in the county of your residence. Judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding Section 18.3, either party may:
You may opt out of the arbitration agreement in Section 18.3 and the class action waiver in Section 18.6 by emailing support@heygaia.so with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting this Agreement, stating your name and the email address on your account. Opting out will not affect any other part of this Agreement, and Company will not terminate your account or otherwise penalize you for opting out.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding. If this Section 18.6 is found unenforceable as to a particular claim, that claim shall be severed from arbitration and brought in the courts located in Delaware, while all other claims remain in arbitration.
If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims and represented by the same or coordinated counsel, the parties agree the demands shall be administered in sequential batches of no more than fifty (50) at a time, with each batch resolved before the next begins. All applicable limitation periods are tolled for claimants awaiting a later batch. This provision is intended to make resolution more efficient and does not limit any claimant's right to relief.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Company to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision.
For any questions, concerns, or notices regarding this Agreement, please contact us at:
The Experience Company, Inc.
Email: support@heygaia.so
