Terms of Service

v1.1 Updated Nov 20, 2024

These Terms of Service (“Terms”) are a legal agreement between you and SelfActualize.AI (“Selfactualize”, “us”) and govern your use of all Services that we may make available to you, including through our website(s) and app(s), together with any content, tools, features and functionality offered on therein (collectively the “Services”). By visiting, accessing, using, and/or joining (collectively “use” or “using”) the Services, you acknowledge and accept these Terms. Our Privacy Policy further describes how we collect, process, use and disclose your personal data. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT CREATE AN ACCOUNT WITH US AND DO NOT USE THE SERVICES.

Eligibility and Use of the Services

General

To access our Services, you must create an account (an “Account”) with us. You must be at least 18 years
of age to use our Services and create an Account. DONOT CREATE AN ACCOUNT WITH US IF YOU ARE
NOT 18 YEARS OF AGE. By Using the Services and creating an Account, you represent that you have
reached at least the age of 18 years.

The Service is an online coaching platform that will record your interactions with AI coaches. You
therefore expressly authorize us to monitor, record and log your use of the Services. You should be
aware that your conversations with an AI coach will be accessible by us. Conversations may be seen in
their entirety or in a summarized version. As such, you are strongly advised not to disclose sensitive or
confidential information when interacting with any AI coach.

Your access to our AI Coaches will be based on a subscription model and these Terms also constitute a
subscription agreement between us. By creating an Account, you consent to providing your email
address, first name and credit card information. You acknowledge that we reserve the right to charge for
any or all our Services and to change our fees from time to time in our sole discretion. If at any time we
terminate your right to use the Services because of a breach of these Terms, you shall not be entitled to
a refund of any portion of your fees. All our payment or subscription is facilitated using our third party
payment processor.

You are responsible for all activities that occur in your Account, and you represent that all information
that you provide to us in creating your Account is complete and accurate. You have a continuing
obligation to update such information when it changes. You are responsible for the confidentiality of
your access credentials to the Account. You shall not allow another person to use your Account. If you
suspect any unauthorized use of your Account, you shall promptly notify us by writing to
contact@selfactualize.ai.

Use Rights and Restrictions

You are responsible for all materials that you submit, upload, post, make available, or otherwise
transmit while using the Services, including any communications or information shared with our AI
Coaches (collectively, “Content”). You agree that any disclosure of information in Content that may make you personally identifiable is at your own risk and you have the complete discretion not to reveal such information. However, if you choose to reveal any information that may make you personally identifiable, there is no guarantee such Content can be withdrawn. As used in these Terms, “AI Coach” means and refers to any AI coach created using our Services.

Furthermore, as a condition of your use of the Services, you agree to abide by all applicable local, state,
national and international laws, not to use the Services in any way that exposes us to criminal or civil
liability; not to use or attempt to use any other party's Account without authorization; not to use any
automated means, including robots, crawlers or data mining tools, to download, monitor or use data or
content from the Services; not to disable, circumvent, or otherwise interfere with security features of
the Services; not to “frame” or “mirror” the Services; and not to rent, lease, sell, sublicense, or reverse
engineer the Services or any portion of it. You agree not to remove any proprietary notices from the
Services.

You may not upload or provide Prohibited Data to the Service. You acknowledge and agree that the
Service is not intended to meet any legal obligations for these uses, including HIPAA or financial
regulations. Notwithstanding anything else in this Agreement, we will have no liability for your provision
of Prohibited Data to the Service in violation of this prohibition. “Prohibited Data” means any (a) special
categories of data enumerated in the European General Data Protection Regulation, the California
Consumer Privacy Act or other applicable law, (b) patient, medical or other protected health information
regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented),
(c) credit, debit or other payment card data subject to the Payment Card Industry Data Security
Standards (PCI DSS), (d) other information subject to regulation or protection under specific Laws such
as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or
regulations), (e) social security numbers, driver’s license numbers or other government ID numbers or (f)
any data similar to the above protected under applicable laws in any jurisdiction.

You also agree not to upload any Content that (i) infringes the Intellectual Property (as defined below)
or proprietary rights of any party, or you have no right to upload, (ii) may contain viruses, computer
code or programs that may interrupt or destroy the functionality of our Services in any way, (iii) is
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive
of another’s privacy, hateful racially, ethnically, or otherwise objectionable, (iv) constitutes unsolicited
or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,”
“spam, or any other form of solicitation, that restricts or inhibits any other person from using or
enjoying the Services or exposes us or our users to any harm or liability of any type. You are solely
responsible for all acts and omissions that occur because of your use of the Services.

Monitoring and Enforcement; Termination

We have the right to:

          - Take any action with respect to any Content that we deem necessary or appropriate in our sole           discretion, including if we believe that such Content violates these Terms, infringes any Intellectual           Property right or other right of any person or entity, threatens the personal safety of other users or the           public or could create liability for us.
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          - Disclose your identity or other information about you to any third party who claims that material           posted by you violates their rights, including their Intellectual Property rights or their right to privacy.
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          - Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or           unauthorized use of the Service.
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You grant us a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, license
to copy, display, upload, perform, distribute, store, modify, and otherwise use Content for any Service
related purpose in any form, medium, or technology now known or later developed.

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Responsibilities for AI Interactions
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You are responsible for your interactions with any AI Coach accessed via our Services, and your overall
use of the Services, and you do so at your own risk.
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You understand and acknowledge that the Responses (as defined herein) by AI Coaches are not
responses by any real individual. “Responses” shall mean and include any text, image, audio, video, or
any other content generated by an AI Coach, whether independently or in response to your Content,
during your use of our Services.
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Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are
constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial.
Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in
Responses that does not accurately reflect real people, places, or facts. 
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When you use our Services you understand and agree:
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          - Responses may not always be accurate. You should not rely on Responses from our Services as a
          sole source of truth or factual information, or as a substitute for professional advice.
          
          - You must evaluate Responses for accuracy and appropriateness for your use case, including using           human review as appropriate, before using or sharing Responses from the Services.

          - You must not use any Responses relating to a person for any purpose that could have a legal or           material impact on that person, such as making credit, educational, employment, housing, insurance,           legal, medical, or other important decisions about them. 

          - Our Services may provide incomplete, incorrect, or offensive Responses that does not represent our           views. If Responses references any third party products or services, it doesn’t mean the third party           endorses or is affiliated with us.

Intellectual Property Rights

“Intellectual Property” means all present and future worldwide copyrights, trademarks and other Marks,
trade secrets, inventions, patents and mask work rights, moral rights, contract rights and other proprietary rights, and all types of registrations, current and future applications, renewals, extensions and reissues of the foregoing, and all other intellectual property rights, industrial property rights and other similar proprietary rights recognized in any relevant jurisdiction worldwide.

1. What we Own. Our Services may contain our Intellectual Property as well as Intellectual Property of our
affiliates or other companies or individuals. Your use of our Services does not constitute any right or
license for you to use such Intellectual Property except to access our Services. The copying, redistribution, use, or publication by you of any portion of our Services, other than as authorized herein, is strictly prohibited. Your use of our Services does not grant you ownership rights of any kind in our Services. We reserve all rights not expressly granted to you in these Terms.

You acknowledge that you are obtaining only a limited right to the Services and that irrespective of any
use of the words “purchase”, “sale” or like terms in these Terms, or elsewhere in our Service, no ownership rights are being conveyed to you and we retain all right, title and interest in and to the Services, integrations with the Services, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements.
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We appreciate feedback, comments, ideas, proposals, and suggestions for improvements. If you provide
us feedback, you hereby grant provide to us a perpetual, non-revocable, royalty-free worldwide license
to use and/or incorporate such feedback into any of our product or service at any time at our sole
discretion.
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2. What You Own

As between you and us, and to the extent permitted by applicable law, you retain all Intellectual
Property and other ownership rights in your Content, and all Responses. Due to the nature of our
Services and artificial intelligence generally, output may not be unique and other users may receive
similar output from our Services.

By uploading any Content, you represent and warrant that you have all rights, title, and interest in and
to such Content, including all applicable Intellectual Property rights, or are otherwise permitted to use
them for the applicable purposes.

Our Use of Content. We may use Content and Responses to provide, maintain, develop, and improve
our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If
you do not want us to use your Content or Responses to train our models, you can opt out by contacting
us at the email address at the bottom of these Terms. Please note that in some cases this may limit the
ability of our Services to better address your specific use case.
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3. Third Party Content

You understand and acknowledge that, when using the Services, you may be exposed to content from a
variety of sources outside of our control (collectively, “Third-Party Content”) and that we do not control and are not responsible for any Third-Party Content, even if you find such Third-Party Content to be
inaccurate, offensive, indecent, or otherwise objectionable. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content, and assume no responsibility for the conduct of others submitting any such content.

Termination and Suspension
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You are free to stop using our Services at any time. We reserve the right to suspend or terminate your
access to our Services or delete your account if we determine:

          - You breached these Terms or our other use policies.

          - We must do so to comply with the law.

          - Your use of our Services could cause risk or harm to us, our users, or anyone else.

We also may terminate your account if it has been inactive for over six months and you do not have a
paid account. If we do, we will provide you with advance notice.

We may terminate Accounts any time for any reason. If you have subscribed for a paid Account, we will
either continue to provide the Services through the end of your prepaid period, or give you a refund for
any unused prepaid fees.

Service Intended for US Residents Only

Our Services are intended for use by United States residents only. If you are located outside the United
States, by submitting your Content to us, you understand and acknowledge to have your Content
transferred to the United States, or another jurisdiction which may not offer the same level of privacy
protection as those in the country where you are located.
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Disclaimer of Warranties and Limitation of Liabilities
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READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW.

OUR SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR
OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE THAT YOU
MAY NOT USE THE SERVICE WITH PROHIBITED DATA AND YOU RELEASE US FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO SUCH DISCLOSURES AND ASSUME ALL RISKS ASSOCIATED WITH SUCH DISCLOSURES.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
DAMAGES OR ANY DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF GOODWILL, USE, DATA OR OTHER TANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE WHICH MAY ARISE FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY RELATED INFORMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED HERE UNDER SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO US IN THE 12 MONTHS PRECEDING THE DATE OF A CLAIM AND $500. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND CLOSE YOUR ACCOUNT.
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Release and Indemnity
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You agree to release and indemnify, defend and hold harmless us, our affiliates, officers, directors,
employees, agents, and third party service providers from and against any and all claims, demands,
causes of action, losses, expenses, damages and/or liabilities, including reasonable legal fees and court
costs, arising from or related to your use of the Services, Content, your breach of these Terms, or any
infringement by you, or any third party using your Account, of any Intellectual Property or other rights of
any person or entity.
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General
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These Terms along with our Privacy Policy constitute the entire agreement between you and
SelfActualize.AI and govern your use of our Services, superseding any prior agreements between you
and us with respect to the Services.
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These Terms, and any disputes arising from it, will be governed exclusively by California law, and the
courts and venues within San Francisco County, California will have exclusive jurisdiction to adjudicate
any dispute arising out of or relating to these Terms or its formation, interpretation, or enforcement.
Each party consents and submits to the exclusive jurisdiction of such courts.
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If any provision of this Agreement is deemed to be invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
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No failure or delay by us in exercising any right, power, or remedy under this Agreement shall operate as
a waiver of any such right, power, or remedy. No waiver shall be effective unless it is in writing and
signed by us. We reserve the right to send you emails for the purpose of informing you of changes or
additions to the Services.
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We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time
with or without notice. If we do this, we will indicate at the top of this page the date these terms were
last revised. Any such changes will become effective no earlier than fourteen (14) days after they are
posted, except that changes addressing new functions of the Service or changes made for legal reasons
will be effective immediately. We will notify you in advance of any material changes to the Terms. Your continued use of the Service after the date any such changes become effective constitutes your
acceptance of the new Terms. If the modified Terms are not acceptable to you, your only recourse is to
cease using the Services and delete your account.
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Contact
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If you have any questions about our Services, or to report any violations of these Terms or Privacy Policy,
please contact us at contact@selfactualize.ai.