TERMS OF SERVICE
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES
By accessing or using our AI-Simulated Presence Therapy Services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you must not access or use our Services.
1. SERVICE DEFINITION
1.1 Nature of Services
Our Services provide technology-based simulated presence experiences using artificial intelligence. These experiences are designed to provide companionship, conversation, and simulated social interaction.
1.2 Non-Medical Nature of Services
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Our AI-Simulated Presence Therapy:
- Is NOT a substitute for professional medical care, therapy, counseling, or treatment
- Does NOT diagnose, treat, cure, or prevent any disease, disorder, or condition
- Is NOT supervised by healthcare professionals
- Should NOT be used as a replacement for prescribed mental health treatment
1.3 Experimental Technology
The Services utilize experimental technology that:
- May not perform as expected
- Is continuously evolving
- Has limitations in understanding human emotions and complex situations
- May occasionally produce inappropriate, inaccurate, or harmful outputs
2. USER RESPONSIBILITIES AND ACKNOWLEDGMENTS
2.1 User Representations
By using our Services, you represent and warrant that:
- You are at least 18 years of age or have obtained parental/guardian consent
- You have the legal capacity to enter into these Terms
- You will use the Services in accordance with these Terms
- You understand the limitations of AI technology
- You will not rely on the Services for medical, psychological, or health-related advice
2.2 User Assumption of Risk
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. You specifically acknowledge and accept that:
- You will consult qualified healthcare professionals for any medical or psychological concerns
- You are solely responsible for evaluating whether the Services are appropriate for your needs
- You are solely responsible for any decisions or actions you take based on interactions with our Services
- You will immediately discontinue use if the Services cause distress or negatively impact your well-being
- You will not use the Services as a crisis intervention tool
2.3 Required Disclosures to Third Parties
You agree to disclose to any healthcare providers, therapists, or counselors that you are using our Services if such information may be relevant to your care.
3. DISCLAIMERS AND LIMITATIONS
3.1 Medical Disclaimer
WE DO NOT PROVIDE MEDICAL ADVICE OR RECOMMENDATIONS. The Services are not:
- A medical device
- A healthcare service
- A form of medical treatment
- A substitute for professional mental health services
- Regulated or approved by any medical regulatory authority
3.2 No Therapeutic Claims
We make no claims that our Services:
- Provide therapeutic benefits
- Improve any medical or psychological condition
- Achieve any specific health outcome
- Replicate the efficacy of human-delivered therapy or treatment
3.3 No Professional Relationship
No professional-client relationship (such as doctor-patient, therapist-client) is created by your use of our Services.
3.4 International Use
These Services are intended for global use; however:
- We make no representations that the Services are appropriate for use in all locations
- You are responsible for compliance with local laws regarding online conduct and acceptable content
- The Services may not comply with medical, healthcare, or therapy regulations in your jurisdiction
- We cannot guarantee compliance with data protection regulations in all jurisdictions
4. LIMITATION OF LIABILITY
4.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR:
- Any direct, indirect, incidental, special, consequential, or punitive damages
- Emotional distress, psychological harm, or worsening of mental health conditions
- Any actions taken or not taken based on interactions with our Services
- Any harm resulting from reliance on the Services instead of seeking appropriate medical care
- Any technical inaccuracies, errors, or inappropriate responses from our AI systems
4.2 Cap on Liability
Where limitation of liability is not permitted by law, our total liability to you shall not exceed the amounts paid by you for the Services in the 12 months preceding any claim.
4.3 Essential Purpose
These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
5. SERVICE USAGE AND RESTRICTIONS
5.1 Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services:
- As a substitute for emergency services (call emergency services immediately if in crisis)
- To engage in harmful, illegal, or objectionable conduct
- To share sensitive personal information that you would not want processed by AI systems
- To attempt to manipulate the AI to provide harmful, dangerous, or unethical responses
- To record, transcribe, or share conversations without appropriate consent from all parties
5.2 Service Limitations
We reserve the right to:
- Modify, suspend, or terminate the Services at any time without notice
- Monitor interactions to improve our technology and ensure compliance with these Terms
- Implement safety features that may restrict certain types of interactions
- Update these Terms at any time, with continued use constituting acceptance of modifications
6. PRIVACY AND DATA PROTECTION
6.1 Data Usage
Your interactions with our Services may be:
- Recorded and stored
- Reviewed by our staff for quality assurance
- Used to train and improve our AI systems
- Analyzed for research purposes
- Subject to automatic content moderation
6.2 Health Information
You acknowledge that:
- Information shared with our Services is not protected by doctor-patient confidentiality
- Information you provide is not protected by healthcare privacy laws in most jurisdictions
- We are generally not considered a "covered entity" under laws like HIPAA (US)
- We implement reasonable data security measures, but no system is completely secure
7. INTELLECTUAL PROPERTY
7.1 Ownership
All intellectual property rights in the Services, including AI models, software, algorithms, and content created by our systems, remain our exclusive property.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes in accordance with these Terms.
7.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without any obligation to compensate you.
8. TERMINATION
8.1 Termination by User
You may terminate your use of the Services at any time.
8.2 Termination by Provider
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, breach of these Terms.
8.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease.
9. DISPUTE RESOLUTION
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of NSW Australia, without regard to its conflict of law principles.
9.2 Dispute Resolution
Any dispute arising out of or in connection with these Terms shall first be resolved through good faith negotiation. If such negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of an appropriate Arbitration Body.
9.3 Class Action Waiver
YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
10. MISCELLANEOUS
10.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.
10.2 Severability
If any provision of these Terms is found to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
10.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
10.4 Assignment
We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms without our prior written consent.
10.5 Contact Information
Questions about these Terms should be sent to support@ai-spt.com.
BY USING OUR AI-SIMULATED PRESENCE THERAPY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
Last Updated: 30/03/2025